
ZSl2B 




THJ]) GENERAL SCHOOL LAWS 



OF THE 



State of North Dakota 



COMPRISING ALL THE LAWS IN FORCE 

Pertaining to Public Schools, State Educational Institnlions^ 

School Lands and Public Lands App7'op7'iated to the Use 

of the State Educational Institutions, zvith 

APPKNDICKS 



COMPILED AT THE OFFICE OF THE 

SUPERINTENDKNT OF PUBLIC INSTRUCTION 

DECEMBER, 1899 
F'lLJBLISHED BY ATJTI-IORITY 



BISMARCK, N. D.: 

TfilBlTNE, STATE PRINTERS AND BINDERS, 

1899 



THE GENERAL SCHOOL LAWS 



OF THK tr O 

Iff 



State of North Dakota 



COMPRISING Ahh THE lyAWS IN FORCE " 

Pertaining to Public Schools, State Educational Institutions^ 

School Lands and Public Lands Appropriated to the Use 

of the State Educational Institutions, with 

APPBNDICKS 



COMPUTED AT THE OFFICE OP THE 

SUPERINTENDKNT OF PUBLIC INSTRQCTION 

DECEMBER, 1899 



F'UBLISHEr) BY AUTHORITY 



BISMARCK, N. D.: 

TRIBUNE, STATE PRINTERS AND BINDERS, 
1899 



-csr^ 



THIS VOLUMK IS STATIC PROPKRTY 

And is for the use of the 

of School District No. 

County of ^., State of North Dakota. 



School officers on retiring from office are required by law to 
deliver this volume, with all other books and documents of an 
official character, to their successors in office. 



INTRODUCTORY. 



This compilation of the General School Laws is authorized by 
section 631 of the Revised Codes of 1899, and is designed to include 
all provisions relating to education at present in force which make 
the laws governing the complete school system of the state. It 
•embraces the laws pertaining to the public schools, the state educa- 
tional institutions, and the lands appropriated to the use of the 
public schools and the state educational institutions. 

The compilation contains all general laws in full as appear in 
the code. Special acts are referred to by title only. 

Special laws, designated by title only, laws pertaining to specu- 
lation in oflQce and to penalty for failure to make reports, the filing 
of bond of school district treasurer, bonds for labor and material 
for public buildings and the decisions of the supreme court of the 
territory of Dakota and of the state of North Dakota pertaining to 
school matters are to be found in the appendices. 

A calendar will also be found in the appendices which may be of 
assistance to school officers in the timely discharge of their duties. 

JOHN G. HALLAND, 

Superintendent of Public Instruction. 
Bismarck, N. D., December 1, 1899. 



CONSTITUTIONAL PROVISIONS. 

[Adopted October 1, 1889.] 



PREAMBLE. 



We, the people of North Dakota, grateful to Almighty God for 
the blessings of civil and religious liberty, do ordain and establish 
this Constitution. 

ARTICLE IL 

THK I.EGISI.ATIVE DEPARTMENT. 

Sec. 69. The legislative assembly shall not pass local or special 

laws in any of the following enumerated cases, that is to say: 
****** 

12. Providing for the management of common schools. 

ARTICLE III. 

EXECUTIVE DEPARTMENT. 

Sec. 82. There shall be chosen by the qualified electors of the 
state at the time and places of choosing members of the legislative 
assembly a * * * superintendent of public instruc- 
tion » * * ^jjQ shall have attained the age of twenty- 
five years, shall be a citizen of the United States, and shall have 
the qualifications of state electors. They shall severally hold their' 
offices at the seat of government for the term of two years and 
until their successors are elected and duly qualified, * 

Sec. 83. The powers and duties of the * * superin- 
tendent of public instruction, * * shall be as prescribed 
by law. 

Sec. 84. Until otherwise provided by law, the * * 

superintendent of public instruction * * shall each 

receive an annual salary of |2,000; * * but the salary 

of any of said officers shall not be increased or diminished during 
the period for which they shall have been elected, and all fees and 
profits arising from any of the said offices shall be covered into the 
state treasurv. 



10 GENEHAL SCHOOL LAWS, 



ARTICLE V. 

eivEctive; franchise. 

Sec. 121. Every male person of the age of twenty-one years or 
upwards belonging to either of the following classes, who shall 
liave resided in the state one year, in the county six months and in 
the precinct ninety days next preceding any election, shall be 
deemed a qualified elector at such election. 

First — Citizens of the United States. 

Second — Persons of foreign birth who shall have declared their 
intention to become citizens one year and not more than six years 
prior to such election, conformaibly to the naturalization laws of the 
United States. 

Third — Civilized persons of Indian descent who shall have severed 
their tribal relation two years next preceding such election. 

Sec. 123. Electors shall in all cases except treason, felony, 
breach of the peace or illegal voting, be privileged from arrest on 
the days of election during their attendance at, going to and return- 
ing from such election, and no elector shall be obliged to perform 
military duty on the day of election except in time of war or public 
danger. 

Sec. 125. No elector shall be deemed to have lost his residence 
in this state by reason of his absence on business of the United 
States or of this state, or in the military or naval service of the 
United States. 

Sec. 126. No soldier, seaman or marine in the army or navy of 
the United States shall be deemed a resident of this state in conse- 
quence of his being stationed therein. 

Sec. 127. No person who is under guardianship, non compos 
mentis or insane, shall be qualified to vote at any election, nor 
shall any person convicted of treason or felony, unless restored to 
civil rights. 

Sec. 128. Any woman having qualifications enumerated in sec- 
tion 121 of this article as to age, residence and citizenship, and in- 
•<3luding those now qualified by the laws of the territory, may vote 
for all school ofiflcers, and upon all questions pertaining solely to 
school matters, and be eligible to any school office. 

Sec. 129. All elections by the people shall be by secret ballot 
subject to s>uch regulations as shall be provided by law. 

ARTICLE VIII. 

EDUCATION. 

Sec. 147. A high degree of intelligence, patriotism, integrity and 
morality on the part of every voter in a government by the people 
I)eing necessary in order to insure the continuance of that govern- 
ment and the prosperity and happiness of the people, the legislative 



STATE OF NORTH DAKOTA. U 

assembly shall make provision for the establishment and mainte- 
nance of a system of public schools which shall he open to all child- 
ren of the state of >;orth Dakota and free from sectarian control. 
The legislative requirements shall be irrevocable without the con- 
sent of the United States and the people of North Dakota. 

Sec. 148. The legislative assembly shall provide at its first ses- 
sion after the adoption of this Constitution for a uniform system 
of free public schools throughout the state; b<\2;inning with the 
primary and extending through all grades up to and including the 
normal and collegiate course. 

Sec. 149. In all schools instruction shall be given as far as prac- 
ticajble in those branches of knowledge that tend to impress upon 
the mind the vital importance of truthfulness, temperance, purity, 
*public spirit, and respect for honest labor of every kind. 

Sec. 150. A superintendent of schools for each county shall be 
elected every two years, whose qualifications, duties, powers and 
compensation shall be fixed by law. 

Sec. 151. The legislative assembly shall take such other steps as 
may be necessary to prevent illiteracy, secure a reasonable degree 
of uniformity in course of study and to promote industrial, scien- 
tific and agricultural improvement. 

Sec. 152. All colleges, universities and other educational insti- 
tutions, for the support of which lands have been granted to this 
state, or which are supported by a public tax, shall remain under 
the absolute and exclusive control of the state. No money raised 
for the support of the public schools of the state shall be appro- 
priated to or used for the support of any sectarian school. 

ARTICLE IX. 

SCHOOL AND PUBLIC LANDS. 

Sec. 153. All proceeds of the public lands that have heretofore 
been or may hereafter be granted by the United States for the sup- 
port of the common schools in this state; all such per centum as 
may be granted by the United States on the sale of public lands; 
the proceeds of property that shall fall to the state by escheat; the 
proceeds of all gifts and donations to the state for common schools, 
or not otherwise appropriated by the terms of the gift, and all 
other property otherwise acquired for common schools, shall be and 
remiain a perpetual fund for the maintenance of the common schools 
of the state. It shall be deemed a trust fund, the principal of 
which shall forever remain inviolate, and may be increased but 
never diminished. The state shall make good all losses thereof. 

Sec. 154. The interest and income of this fund, together with the 
net proceeds of all fines for violation of state laws, and all other 
sums which may be added thereto by law, shall be faithfully used 
and applied each year for the benefit of the common schools of the 
state, and shall be for this purpose apportioned among and between 



12 GENERAL SCHOOL LAWS, 

all the several common school corporations of the state in propor- 
tion to the number of children in each of school age, as may be 
fixed by law, and no part of the fund shall ever be diverted even 
temporarily from this purpose, or used for any other purpose what- 
ever than the maintenance of common schools for the equal benefit 
of all the people of the state; provided, however, that if any portion 
of the interest or income aforesaid be not expended during any 
year, said portion shall be added to and become a part of the school 
fund. 

Sec. 155. After one year from the assembling^ of the first legis- 
lative assembly, the lands granted to the state from the United 
States for the support of the common schools, may be sold upon 
the following conditions, and no other: No more than one-fourth 
of all such lands shall be sold within the first five years after the 
same become saleable by virtue of this section. No more than 
one-half of the remainder within ten years after the same become 
saleable as aforesaid. The residue may be sold at any time after 
the expiration of said ten years. The legislative assembly shall 
provide for the sale cxf all school lands subject to the provisions of 
this article. The coal lands of the state shall never be sold, but 
the legislative assem)bly may by general laws provide for leasing 
of the same; the words "coal lands" shall include lands bearing 
lignite coal. 

Sec. 156. The superintendent of pulblic instruction, governor,, 
attorney general, secretary of state and state auditor shall con- 
stitute a board of commissioners, which shall be denominated the 
"Board of University and Scliool Lands," and subject to the pro- 
visions of this article and any law that may ibe passed by the legis- 
lative assembly, said board shall have control of the appraisement, 
sale, rental and disposal of all school and university lands, and 
shall direct the investment of the funds arising therefrom in the 
hands of the state treasurer, under the limitations in section 160 
of this article. 

Sec. 157. The county superintendent of common schools, the 
chairman of the county board and the county auditor shall consti- 
tute boards of appraisal, and under the authority of the state 
board of university and school lands shall appraise all school lands 
within their respective counties, which they may from time to 
time recommend for sale at their actual value, under the prescribed 
terms, and shall first select and designate for sale the most valu- 
able lands. 

Sec. 158. No lands shall be sold for less than the appraised 
valfue, and in no case for less than ten dollars per acre. The 
purchaser shall pay one-fifth of the price in cash, and the remaining 
f oiur-fifths as follows : One-fifth in five years, one-fifth in ten years, 
one-fifth in fifteen years and one-fifth in twenty years, with interest 
at the rate of not less than six per centum, payable annually in 
advance. All sales shall be held at the county seat of the county 



STATE OF NORTH DAKOTA. 13 

in which the land to be sold is situate, and shall be at public auc- 
tion, and to the highest bidder, after sixty days' advertisement of 
the same in a newspaper of general circulation in the vicinity of 
the lands to be sold, and one at tlie seat of government. Such 
lauds as shall not have been specially subdivided shall be offered in 
tracts of one-quarter section, and those so subdivided in the small- 
est subdivisions. All lands designated for sale and not sold within 
tw^o years after appraisal shall be reappraised before they are 
sold. No grant or patent for any such lands shall issue until pay- 
ment is made for the same; provided, that the lands contracted to 
be sold by the state shall be subject to taxation from the date of 
such contract. In case the taxes assessed against any of said 
lands for any year remain unpaid until the first Monday in October 
of the following year, then and thereupon the contract of sale for 
such lands shall become null and void. 

Bee. 159. All lands, money or other property, donated, granted 
or received from the United States or any other source for a univer- 
sity, school of mines, reform school, agricultural college, deaf and 
dumb asylum, normal school, or other educational or charitable 
institution or purpose, and the proceeds of all such lands and other 
property so received from any source, shall be and remain perpetual 
funds, the interest and income of which together with the rents of 
all such lands as may remain unsold, shall be inviolably appropri- 
ated and applied to the specific oibjects of the original grants or 
gifts. The principal of every such fund may be increased but shall 
never be diminished, and the interest and income only shall be 
used. Every such fund shall be deemed a trust fund held by the 
state, and the state shall make good all losses thereof. 

Sec. 160. All lands mentioned in the preceding section shall be 
appraised and sold in the same manner and under the same limi- 
tations and subject to all the conditions as to price and sale as pro- 
vided above for the appraisal and sale of lands for the benefit of 
common schools; but a distinct and separate account shall be kept 
by the proper officers of each of said funds ; provided, that the limi- 
tations as to the time in which school land may be sold shall apply 
only to lands granted for the support of common schools. 

Sec. IGl. The legislative assembly shall have authority to pro 
vide by law for the leasing of lands granted to the state for educa- 
tional and charitable purposes; but no such law shall authorize the 
leasing of said lands for a longer period than five years. Said lands 
shall only be leased for pasturage and meadow purposes, and at a 
public auction after notice as heretofore provided in case of sale; 
provided, that all of said school lands now under cultivation may 
be leased at the discretion and under the control of the board of 
university and school lands for other than pasturage and meadow 
purposes until sold. All rents shall be paid in advance. 

Sec. 162. The moneys of the permanent school fund and other 
educational funds shall be invested onlv in bonds of school cor- 



14 GENERAL SCHOOL LAWS, 



popations within the state, bonds of the United States, bonds of the 
state of North Dakota, or in first mortgages on farm lands in the 
state not exceeding in amount one-third of the actual value of any 
subdivision on which the same may be loaned, such value to be- 
determined by the board of appraisers of school lands. 

Sec. 163. No law shall ever be passed by the legislative assem- 
bly granting to any person, corporation or association any privileges 
by reason of the occupation, cultivation or improvement of any 
public lands by said person, corporation or association subsequent 
to the survey thereof by the general government. No claim for 
the occupation, cultivation or improvement of any public lands 
.shall ever be recognized, nor shall such occupation, cultivation or 
improvement of any puhlic lands ever be used to diminish, either 
directly or indirectly, the purchase price of said lands. 

Sec. 164. The legislative assembly shall have authority to pro- 
vide hj law for the sale or disposal of all public lands that have 
been heretofore, or may hereafter be granted by the United States 
to the state for purposes othei* than set forth and named in sections 
153 and 159 of this article. And the legislative assembly, in pro- 
viding for the appraisement, sale, rental and disposal of the same,, 
shall not be subject to the provisions and limitations of this article. 

Sec. 165. The legislative assembly shall pass suitable laws for 
the safe-keeping, transfer and disbursement of the state school 
funds, and shall require all officers charged with the same or the safe- 
keeping thereof to give ample bonds for all moneys and funds re- 
ceived by them, and if any of said officers shall convert to his own 
use in any manner or form, or shall loan, with or without interest 
or shall deposit in his own name, or otherwise than in the name of 
the state of North Dakota, or shall deposit in any banks or with any 
person or persons, or exchange for other funds or property any 
portion of the school funds aforesaid, or purposely allow any por- 
tion of the same to remain in his own hands uninvested except in 
the imanner prescribed by law, every such act shall constitute an 
embezzlement of so much of the aforesaid school funds as shall be 
thus taken or loaned, or deposited, or exchanged, or withheld, and 
shall be a felony; and any failure to pay over, produce or account 
for the state school funds or any part of the same entrusted to any 
such officer, as by law required or demanded, shall be held and be 
taken to be prima facie evidence of such embezzlement. 

ARTICLE XII. 

PUBLIC DEBT AND PUBLIC WORKS. 

Sec. 183. The debt of any county, township, town, school district 
or any other political subdivision, shall never exceed five per 
centum upon the assessed value of the taxable property therein; 
provided, that any incorporated city may by a two-thirds vote in- 
crease such indebtedness three per centum on such assessed value 
beyond said five per cent limit. In estimating the indebtedness 



STATE OF NORTH DAKOTA. 15. 



which a city, county, township, school district or any other political 
subdivision may incur, the entire amount of existing indebtedness, 
whether contracted prior or subsequent to the adoption of this con- 
stitution shall be included; * * All bonds or obligations 
in excess of the amount ot indebtedness permitted by this constitu- 
tion, given by any city, county, township, town, school district or 
other political snbdivision, shall be void. 

Sec. 184, Any city, county, township, town, school district, or 
any other political subdivision incurring indebtedness shall, at or 
before the time of so doing, provide for the collection of an annual 
tax sufficient to pay the interest and also the principal thereof when 
due, and all laws or ordinances providing for the payment of the 
interest or principal of any debt shall be irrepealable until such 
debt be paid. 

Sec. 185. Neither the state nor any county, city, township, town, 
school district or any other political subdivision shall loan or give 
its credit or make donations to or in aid of any individual, assoeia- 
tion or corporation, except for necessary support of the poor, nor 
suJbscribe to or become the owner ol the capital stock of any asso- 
ciation or corporation, * * * * * * * 

Sec. 186. * * * ^Q bills, claims, accounts or de- 

mands against the state, or any county or other political subdi- 
vision, shall be audited, allowed or paid until a full itemized state- 
ment in writing shall be filed with the officer or officers whose duty 
it may be to audit the same. 

Sec. 187. * * * ]^Q bond or evidence of debt of any 
county, or bond of any township or other political subdivision, shall 
be valid unless the same have endorsed thereon a certificate signed 
by the county auditor, or other officer authorized by law to sign 
such certificate, stating that said bond, or evidence of debt, is issued 
pursuant to law and is within the debt limit. 

AKTICLE XIX. 

PUBLIC INSTITUTIONS. 

Sec. 215. The following public institutions of the state are per- 
manently located at the places hereinafter named, each to have 
the lands specifically granted to it by the United States in the act of 
congress approved February 22, 1889, to be disposed of and used in 
such manner as the legislative assembly may prescribe, subject tO' 
the limitations provided in the article on school and public lands 
contained in this Constitution: ***** 

Second — The state university and the school of mines at the city 
of Grand Forks, in the county of Grrand Forks. 

Third — The agricultural college at the city of Fargo, in the county 
of Cass. 

Fourth — A state normal school at the city of Valley City, in the 
connty of Barnes; and the legislative assembly in apportioning the 



16 GENERAL SCHOOL LAWS, 



^rant of 80,000 acres of land for normal schools made in the act of 
congress referred to, shall grant to the said normal school at Valley 
City aforementioned 50,000 acres, and said lands are hereby appro- 
priated to said institution for that purpose. 

Fifth — The deaf and dumb asylum at the city of Devils Lake in 

the county of Ramsey. 

■* * * , * * * * 

Seventh — A state normal school at the city of Mayville in the 
county of Traill; and the legislative assembly in apportioning 
the grant of land made by congress in the act aforesaid for state 
nomal schools, shall assign 30,000 acres to the institution hereby 
located at Mayville, and said lands are hereby appropriated for 
said purpose. ******** 

Sec. 216. The follovring named public institutions are hereby 
permanently located as hereinafter provided, each to have so 
much of the remaining grant of 170,000 acres of land made by the 
United States for "other educational and charitable institutions," 
as is alloted by law, viz. : 

Second — A blind asylum, or such other institution as the legisla- 
tive assembly may determine, at such (place in the county of Pem- 
bina as the qualified electors of said county may determine at an 
election to be held as prescribed by the legislative assembly, with 
a grant of 30,000 acres. 

Third — An industrial school and school for manual training, 
or such other educational or charitable institution as the legislative 
assembly may provide, at the town of Ellendale, in the county of 
Dickey, with a grant of 40,000 acres. 

Fourth — A school of forestry, or such other institution as the 
legislative assemibly may determine, at such place in one of the 
counties of McHenry, Ward, Bottineau or Rolette as the electors 
of said counties may determine by an election for that purpose, 
to 'be held as provided by the legislative assembly. 

Fifth — A scientific school, or such other educational or char- 
itable institution as the legislative assembly may prescribe, at the 
city of Wahpeton, county of Richland, with a grant of 40,000 acres ; 
provided, that no other institution of a character similar to any 
one of those located by this article shall be established or main- 
tained withont a revision of this constitution. 



gi:nkral school laws 



OF THE 



State of North Dakota 



FROM THE REVISED CODES OF i8gg. 



CHAPTER 9. 
Article 1. — Superintendent of Public Instruction. 

§ 622. Qualifications of. Term of ofB.ce. There sliall be 
elected by the qualified electors of the state at the time of choosing 
members of the legislative assembly a superintendent of public 
instruction, who shall have attained the age of twentj^-five years, 
and who shall have the qualifications of an elector for that office 
and the holder of a state certificate of the highest grade, issued 
in some state, or a graduate of some reputable university', college 
or normal school. He shall hold his office at the seat of govern- 
ment for the term of two years commencing on the first Monday in 
January following his election and until his successor is elected 
and qualified. 

§ 623. To preserve miscellaneous documents. He shall 
preserve in his office all books, maps, charts, works on education, 
school reports and school laws of other states, and cities, plans for 
school buildings and other articles of educational interest and 
value which may come into his possession as such officer, and at the 
expiration of his term he shall deliver them together with the re- 
ports, statements, records and archives of his office to his successor. 



18 GENERAL SCHOOL LAWS, 

§ 624. Supervision of schools. He shall have the general 
supervision of the public schools of the state and shall be ex of- 
ficio member of the board of university and school lands and of the 
normal school boards of the state. 

§ 625. Tofurnish. school supplies, blanks, etc., and to estab- 
lish circulating libraries. He shall prepare, cause to be printed 
and furnish to the proper officers or persons all district clerks' record 
books and warrant books, school treasurers' record books, school 
registers, reports, statememts, notices and returns needed ''or re- 
quired to be used in the schools or by the school officers of the 
state. He shall prepare and furnish to school officers, through the 
county superintendents, lists of publications approved by him as 
suitable for district libraries; such lists shall contain also the low- 
est price at which each publication can be purchased and such 
other information relative to the purchase of district libraries as he 
may deem requisite. He shall also select and purchase books suit- 
able for district libraries, and cause the same to be circulated as 
traveling libraries, under such rulea and regulations as he may 
prescribe. And for the purpose of selecting and purchasing such 
books there is hereby appropriated the sum of seven hundred and 
fifty dollars annually, to be paid by warrant of the state auditor on 
the state treasurer, upon the presentation of itemized bills in due 
form, duly approved by the superintendent of public instraction. 

§ 626. Examinations and teachers' certificates. He shall 
prepare or cause to be prepared all questions to be used in the ex- 
amination of applicants for teachers' certificates, prescribe the 
rules and regulations for conducting such examinations and issue 
or revoke state certificates as provided in this chapter. 

§ 627. Prescribe course of study. He shall prepare and pre- 
scribe a course of study for all the public and normal schools of 
the state and the course of study, training and practice of the pro- 
fessional department of schools, designated and supported wholly 
or in part by the state. 

§ 628. Rules for teachers' institutes. He shall pre- 
scribe rules and regulations for the holding of teachers' institutes 
and teachers' training schools, and after counseling and advising 
with county superintendents, shall appoint conductors therefor. 
He shall prescribe the course of instruction for teachers' institutes 
and for teachers' training schools, and the course of reading for 
the teachers' reading circles within the state, 

§ 629. Advise county superintendents. He shall counsel 
with and advise county superintendents upon all matters involving 
the welfare of schools and he shall, when requested, give them writ- 
ten answers to all questions concerning the 'school law. He shall 
decide all appeals from the decision of the county superintendents, 
and may for such decisions require affidavits, verified statements or 
sworn testimony as to the facts in issue. He shall prescribe and 
cause to be enforced rules of practice and regulations pertaining to 



^STATE OF NORTH DAKOTA. -[9 

the bearing and determination of appeals, and necessary for carry- 
ing into effect the school laws of the state. 

§ 630. Record of official acts. He shall keep a complete 
record of all his official acts and shall file in his office all appeals 
and the papers pertaining thereto. 

§ 631. School la^v^s to be printed. He shall at least once in 
two years canse to be ]>rinted the school laws of the state, with 
such notes and decisions thereon as may seem to him advisable, and 
shall furnish them as the}' are needed to the school officers in the 
state. 

§ 632. Conference w^ith county superintendents. He shall 
meet the county superintendents of each judicial district or of two 
or more districts combined at such time and place as he shall ap- 
point, giving them due notice of such meeting. The objects of such 
meeting shall be to accumulate valuable facts relative to schools, 
to compare views, to discuss principles, to hear discussions, and 
suggestions relative to the examinations and qualifications of 
teachers, methods of instruction, text books, institutes, visitation of 
schools and other matters relating to the public schools. 

§ 633. Seal. He shall provide and keep a seal by which all his 
official acts may be authenticated. 

§ 634. To assist at teachers' institutes. He shall Avhen 
practicable, attend and assist at teachers' institutes and aid and 
encourage generally teachers in qualifying themselves for the suc- 
cessful discharge of their duties; he shall labor faithfully in all 
practicable ways for the welfare of the public schools of the state, 
and shall perform such other duties as shall be required of him by 
law. 

§ 635. Biennial report, "what to contain. He shall, on or 
before the first day of November preceding the biennial session of 
the legislative assembly, make and transmit to the governor a re- 
port, showing: 

1. The number of school districts, schools, teachers employed 
and pupils taught therein and the attendance of pupils and studies 
pursued by them. 

2. The financial condition of the schools, their receipts and ex- 
penditures, value of school houses and property, cost of tuition and 
wages of teachers. 

3. The condition, educational and financial, of the normal and 
higher institutions connected with the school sj^stem of the state 
and as far as it can be ascertained, of the private schools, acad- 
emies and colleges in the state. 

4. Such general matters, information and recommendations re- 
lating to the educational interests of the state, as he may deem im- 
portant. 

§ 636. Reports to be printed. Two thousand copies of 
the report of the superintendent of public instruction shall be 
printed biennially in the month of December preceding the session 
of the legislative assembly. One copy shall be furnished to each 



20 GENERAL SCHOOL LAWS, 

• 

of the members of the legislative assembly, one copy to each county 
superintendent of the state, one copy to the president of each school 
board, one copy to each state ofQcer, one copy to each state and 
territorial superintendent, and twenty copies shall be filed in the 
office of the superintendent of public instruction and ten copies iu 
the state library. The remaining copies shall be distributed among 
the various colleges, universities and other libraries of the United 
States. 

§ 637. Salary, traveling expenses. He shall receive an 
annual salary of two thousand dollars and in addition thereto his 
actual and necessary traveling expenses incurred in the discharge 
of his official duties, not exceeding six hundred dollars in any one 
year, such expenses to be paid monthly on the warrant of the state 
auditor upon his filing with such auditor an itemized statement of 
such expenses properly verified. 

Aeticle 2 . — County Superintendent of Schools. 

§ 638. Election, term of oJBace. There shall be elected 
in each organized county, at the same time other county officers 
are elected, a county superintendent of schools, whose term of office 
shall be two years, commencing on the first Monday in January fol- 
lowing his election, and until his successor is elected and qualified. 
Any voter residing in an independent school district, organized 
under a special act, having a board of education and city superin- 
tendent of schools, shall not be qualified to vote for county superin- 
tendent of schools. 

§ 639. General duties. The county superintendent of schools 
shall have the general superintendence of the public schools in 
his county, except those in cities which are organized under special 
law and those in special or independent school districts. 

§ 640. Visitation of schools. He shall visit each public 
school under his supervision. He shall at such visit carefully ob- 
serve the condition of the school, the mental and moral instruction 
given, the methods of teaching employed by the teacher, the 
teacher's ability and the progress of the pupils. He shall advise 
and direct the teacher in regard to the instruction, classification, 
government and discipline of the school and the course of jtudy. 
He shall keep a record of such visits and by memoranda indi *ate 
his judgment of the teacher's ability to teach and govern and the 
condition and progress of the school, which shall be open lo in- 
spection by any school director. 

§ 641. General duties. He shall carry into effect all in- 
structions of the superintendent of public instruction given 
within his authority. He shall distribute to the proper officers 'iud 
to teachers all blanks furnished him by such superintendent, and 
needed by such officers and teachers. Acting under the instruc- 
tions of the superintendent of public instruction, he shall, when 
expedient, convene the teachers of his county at least one Saturday 



STATE OF NORTH DAKOTA. 21 

in each month during which the public schools are in progress, cr 
if the distance is too great he may convene the teachers of two or 
more districts in each of the several portions of his county in 
county or district institutes, or teachers' circles, for normal instruc- 
tion and the study of methods of teaching, organizing, classifying 
and governing schools, and for such other instruction as may be 
set forth in the course of reading prescribed by the superintendent 
of public instruction for the state teachers' reading circle. Each 
teacher shall attend the full session of such institute or circle and 
participate in the duties and exercises thereof or forfeit one day's 
wages for each day's absence therefrom, unless such absence is oc- 
casioned by sickness of the teacher or others to whom his attention 
is due; but when, on account of distance or otherwise, it would im- 
pose a hardship upon any teacher to attend, or would cause such 
teacher to neglect his school, the county superintendent may excuse 
such teacher from attendance. 

§ 642. Record of official acts. He shall keep a record of 
all his official acts, and shall preserve all books, maps, charts and 
apparatus sent him as a school officer, or belonging to his office. 
He shall file all reports and statements from teachers and school 
boards and shall turn them over to his successor in office. He 
shall be provided with a seal by which his official acts may be 
authenticated. 

§ 643. Meetings with school officers. He may arrange for 
meetings with schools officers at designated times and places, due 
notice of which has been given, for the purpose of inspecting the 
district records and instructing in the manner of keeping the same 
and of preparing the reports of district officers. He shall visit the 
officers of the several school districts as often as may be necessary 
to secure the correct keeping of the records. He shall, on or before 
the first day of April in each year, prepare and furnish to the sev- 
eral assessors of the county a correct sectional map of their respec- 
tive districts, showing the boundaries and names or numbers of all 
school districts therein. • 

§ 644. To decide questions in controversy. He shall 
decide all matters in controversy arising in his county in the ad- 
ministration of the school law or appealed to him from the decis- 
ions of school officers or boards. An appeal may be taken from his 
decision to the superintendent of public instruction, in which case 
a full written statement of the facts, together with the testimony 
and his decision in the case shall be certified to the sui)erintendent 
of public instruction for his decision in the matter, which decision 
shall be final, subject to adjudication or the proper legal remedies 
in the courts. 

§ 645. Power to administer oaths. He shall have power to 
administer oaths of office to all subordinate school officers, and to 
witnesses and to examine them under oath in all controversies 
pending before him arising in the administration of the school 
laws; but he shall not receive pay for administering such oaths. 



22 GEiNBRAL SCHOOL LAAVS, 

§ 646. Institute fund, how raised and used. All funds re- 
ceived by him for the examination of teachers shall be turned over 
to the county treasurer, who shall keep the same as a special fund 
to be known as the ''Institute Fund," and which shall be used only 
for the expenses of holding county teachers' institutes, or support- 
ing teachers' training schools, to be paid out upon proper war- 
rants issued by the county auditor upon the sworn and itemized 
voucher of the county superintendent. 

§ 647. Apportionment of state tuition fund. He shall 
make apportionment of the state tuition fund among the school 
corporations of the count3% as provided in this chapter. 

§ 648. Teacher's certificate may be revoked, -when. He 
shall see that the pupils are instructed in the several branches of 
study required b}^ law to be taught in the schools as far as they are 
qualified to pursue them. If any teacher neglects or refuses to give 
instruction as required by law in phj'^siology and hygiene, and the 
nature and effect of alcoholic drinks, narcotics and stimulants, the 
county superintendent shall promptly revoke such teacher's certifi- 
cate and cause him to be discharged. If the teacher, so neglecting 
or refusing to give instructions in such branches, holds a state 
certificate, the county superintendent shall immediately certify sucH 
refusal or neglect to the superintendent of public instruction, 

§ 649. Report to state superintendent. He shall, on or 
before the fifteenth day of September in each year, make and trans- 
mit a report to the superintendent of public instruction, containing 
such statistics, items and statements relative to the schools of the 
county, as may be required by such superintendent. Such report 
shall be made upon and conform to the blanks furnished by the sup- 
erintendent of public instruction for that purpose. He shall not 
be paid his salary for the last quarter of his official year until he 
presents to the county commissioners, the receipts of the superin- 
tendent of public instruction for such annual report. 

§ 650. Appraisement of school lands. Fees. He shall 
perform such duties as appraiser of the school lands in his county, 
and also in the leasing and sale of such lands, as may be required 
of him by the board of university and school lands. He shall be 
paid for such services three dollars a day for the time actually em- 
ployed therein and five cents a mile for the distance actually and 
necessarily traveled in the discharge of such duties, to be paid by 
the state treasurer out of the funds, appropriated for the current 
expenses of the board of university and school lands. 

§ 651. OfB.ce, postage and stationery. He may provide 
for himself a suitable office for the transaction of official business 
when not provided therewith by the county commissioners, and 
such commissioners shall audit and pay his reasonable accounts for 
the use and furniture of* such office. They shall also furnish him 
with all necessary books, stationery and postage. 

§ 652. Salary. Deputy. Traveling- expenses. The salary 
of the count}' superintendent of schools shall be as folloAvs: In 



STATE OF NORTH DAKOTA. 23 

each county having one school and not over five, one hundred dol- 
lars; six schools and not over ten, two hundred dollars; eleven 
schools and not over fifteen, three hundred dollars; sixteen schools 
and not over twenty, four' hundred dollars; twenty-one schools and 
not over twenty-five, five hundred dollars; twenty-six schools andnot 
over thirty, six hundred dollars; thirty -lone schools and not over 
thirty-five, seven hundred dollars; thirty-six schools and not over 
forty, eight hundred dollars; forty-one schools and not oxev fifty, 
nine hundred dollars; and for each additional school ten dollars ad- 
ditional; provided, that in computing the salary of such supei-in- 
tendent no school shall be included unless the same shall have 
been taught at least three months during the preceding year; pro- 
vided, further, that such salaries shall not exceed fifteen hundred 
dollars in any county. In addition thereto, he shall receive yeven 
cents a mile for the distance actually and necessarily traveled by 
him in the discharge of his duties. He shall, at the end of every 
three months, make and furnish to the county commissioners an 
itemized statement of the distance so traveled in the discharge of 
his duties, which shall be audited and ordered paid by the board of 
county commissioners. The amount of his salary shall be deter- 
mined each year by the actual number of schools or separate depart- 
ments in graded schools over which such superintendent had otficial 
supervision during the preceding year, and the same shall be jvaid 
out of the county general fund monthly upon the warrant of the 
county auditor. In each county, which shall be organized for 
school purposes after the adoption of this code, the county superin- 
tendent shall be paid a salary at the rate of one hundred dollars 
a year until the first Monday in October next following his election, 
after which his salary shall be as provided for in this section. The 
county superintendent may appoint a deputy who shall perform the 
duties of the county superintendent during his absence from the 
county; but no additional salary shall be paid such deputy except in 
counties having sixty or more schools. In counties having sixty 
schools the board of county commissioners shall appropriate one 
hundred dollars for clerical assistance in the county superintend- 
ent's office and five dollars for each additional school, to be paid 
monthly; provided, that not more than six hundred dollars shall be 
appropriated for clerical assistance in any one year. 

§ 653. Qualifications of. No person shall be deemed qualified 
for the office of county superintendent, unless he holds a certificate 
of the highest county grade or its equivalent. 

§ 654. Shall not engage in teaching. No county superin- 
tendent of schools, except as hereinafter provided, shall engage in 
teaching during the term for which he was elected, nor shall any 
person under contract to teach be qualified to hold the office of 
county superintendent of schools. 

§ 655. Shall not absent himself from county. No county 
superintendent of schools shall engage in any profession or occupa- 
tion, nor shall he absent himself from the county or district for 



24 GEiNElRAL SCHOOL LAWS. 

which he is elected to engage in any occupation, profession or pur- 
suit during the term for which he is elected for such time and in 
such manner as to interfere with the proper discharge of his dutie* 
as county superintendentof schools. 

§ 656. Subject to removal. Any county superintendent of 
schools who neglects or violates any of the provisions of sections 
654 and 655 shall be subject to removal from office. 

§ 657. Not applicable in every county. None of the pro- 
visions of sections 654 and 655 shall be applicable to counties in 
which the salary of county superintendents of schools is less thaji 
twelve hundred dollars per annum. 

Article 3. — School Districts. 

§ 658, What constitutes a school corporation. Each civil 
township in the state, not organized for school purposes under the 
district system at the taking effect of this code, shall be and is 
hereby constituted a distinct school corporation, and whenever in 
any county a civil township shall hereafter be organized it shall 
from and after such organization be and constitute a distinct 
school corporation, except as otherwise specially provided in this 
chapter. 

§ 659. School tOAvnship to conform to civil to^wnship 
when possible. Each school township in every county in the 
state, which at the taking effect of this code consists of territory not 
organized into a civil township, shall be and remain a distinct 
school corporation; provided, that whenever such school township, 
or any part thereof, shall be organized into or annexed to a civil 
township, such civil township shall thenceforth constitute a distinct 
school corporation; but nothing in this section shall be construed 
to alter the boundary lines of any school township organized prior 
to the passage of this code, except upon petition as hereinafter pro- 
vided. 

§ 660. What territory may be organized into district 
school corporations. The county commissioners of each county 
in which there is territory not organized for school purposes at the 
taking effect of this article, may organize into a district school cor- 
poration any territory not, at the taking effect of this article, al- 
ready organized into a civil township or a school township, upon be- 
ing petitioned to do so by one-third of the residents of such teri'i- 
tory, having the care or custody of any child of school age; pro- 
vided, such territory shall consist of not less than one congressional 
township, and having not less than ten children of school age resid- 
ing therein. The county commissioners of every such county, with 
the advice and consent of the county superintendent may rearrange 
the boundaries in any school corporation whose territory is not ni- 
cluded within a civil township, when petitioned to do so by a ma- 
jority of the voters residing within such school corporation, whose 
boundaries will be affected thereby, subject to the same restrictions 
and conditions as to extent of territory and number of resident 



STATE OF NORTH DAKOTA. 25 



children of school age as in the organization of a school corporation 
from territory not included in a civil township. In the formation 
of school cor})orations and the rearrangement of their boundaries 
.as provided for in thi.^ section, the boundary lines of congressional 
townships shall be followed as far as possible as school corporation 
lines; provided, that in case any school township, containing a city 
of eight hundred inhabitants or more, and which is not organized 
as an independent school di.>trict, said township outside of said 
city, may, on petition to the county superintendent of schools, a 
petition of at least two-thirds of the legal votens of such township 
outside the limits of such city, organize a school township, aud 
when such petition is filed, the county superintendent of scliools 
shall proceed to call a first election as provided in article I of this 
chapter. 

§ 661. New school districts, how formed. In any county 
liereafter organized the county commissioners shall so divide the 
'County or the parts thereof, which include every congressional 
township in such county which has residing therein not less than 
ten children of school age, into school corporations as will best pro- 
mote the permanent interests of public schools in the county, upon 
the same petition and subject to the same condition and restrictions 
as are contained in section 6fi0. 

§ 662. When school corporations may be divided and 
attached to other districts. If a portion of any such school 
corporation having not more than ten children of school age re- 
siding therein is separated from the other portion of such corpora- 
tion Jby any natural obstacle which practically prevents such chil- 
dren from attending school in such other portion, the county com- 
missioners of the county may annex such portion so separated to an 
adjoining school corporation, and the portion so annexed shall con- 
stitute a part of such adjacent corporation. If such adjacent cor- 
]>oration lies in another county, the county commissioners of the 
two counties may jointly make such annexation, 

§ 663. Annexation of school corporations. In any county 
not organized for school purposes under tiie district sj^steni at tlie 
taking etfect of this code, if a town or village not organized into a 
special district is divided by a civil township line or if such town or 
village is divided by any county line, the county commissioners of 
such county, or the county commissioners of such adjacent counties 
acting in joint session, as the case may be, may when petitioned so 
to do by a majority of the voters of each part of said tov;n or vil- 
lage, annex one part of such town or village to the adjacent school 
corporation which includes the other part of such town or village 
and the part so annexed shall constitute a portion of such adjacent 
corporation. 

§ 664. When civil tow^nships may consolidate into school 
■district. In any county not organized for school purposes under the 
district system at the taking effect of this code, if a civil township 
having less than fifteen persons of school age residing therein, Ijy 



26 GENERAL SCHOOL LAWS, 

reason of the irregular course of natural boundary, contains less 
than twelve sections or square miles of territory, it shall constitute 
a portion of the adjacent school district with which it has the long- 
est common boundary line. 

§ 665. School districts, how named. Each school corpora- 
tion constituted or formed under the provisions of this -irticle, shall 
be designated a school district as distinguished from a civil town- 
ship or congressional township and shall be named as follows: 
Each school district which consists of a civil township shall be 

named " school district of county, state of North 

Dakota," with the name of the civil township which constitutes the 
districts inserted in the blank before the word "school,-' and the 
name of the county in which it is situated inserted before the word 
"county." Each school district which consists of territory not or- 
ganized into a civil township, but which has been named b}^ a dis- 
tinctive name shall have such distinctive name inserted in the blank 
before the word "school." Each school district consisting of terri- 
tory not organized into a civil township which has no distinctive 

name shall be named "school district No of county, 

state of North Dakota," with its proper number inserted in the 
blank after the word "number," and the proper name of the county 
inserted in the blank before the word "county;" provided, that m 
each county organized for school purposes under the district sys- 
tem at the taking effect of this code, the several school districts 
shall retain and be known by the number which they have respec- 
tively at the time of the taking effect of this code and any school 
district hereafter formed in any such county shall be known by the 
number next higher than that of the highest pre-existing numbered 
district. 

§ 666. When boundaries to be rearranged and estab- 
lished and how. The county commissioners and county superin- 
tendent of schools in each county, which at the taking effect of this 
code is organized for school purposes under the district system, 
shall meet on the first Monday in May, A. D. 1896, at the place 
where the meetings of such commissioners are usually held and 
shall rearrange and establish the boundaries of the several school 
districts of the county unless the same has already been done, as 
follows : 

1. Eiach civil township in a county, no part of which is included 
in a school district already organized, shall be formed into a single 
school district. 

2. Each congressional township in the county, no part of which 
is included in a civil township nor in an organized school district, 
if it contains twelve or more persons of school age, shall be formed 
into a single school district, 

3. All territory in a county situated in a civil township, part of 
which is organized into a school district or situated in a congress- 
ional township not included in a civil township, and a portion of 
which is organized into a school district shall be annexed to and 



STATE OF NORTH DAKOTA. 27 



form a part of the organized school district lying wholly or in part; 
in such civil or congressional township, 

4. Each school district now organized which has less than ten- 
persons of school age residing therein shall be annexed to and form* 
a part of such adjacent school district as shall l)e most convenient: 
for such persons of school age, when in the judgment of such com- 
missioners and superintendent such annexation can be made with- 
out detriment to the school or to the pupils residing in such districts 

5. The boundary lines of each school district which lies partly" 
w'ithin tw'o or more civil townships shall be so changed that suchi 
school district shall lie wholly within one civil township, so far as; 
in the judgment of such commissioners and superintendent suchv 
change can be made without detriment to the schools or to the pu- 
pils therein. 

G. Such commissioners and superintendent shall make such- 
changes generally in the boundary lines of the school districts of 
the county, not in their judgment detrimental to the interests of the- 
schools of the county as will reduce the number of school districts- 
in the county, and form school districts not extending beyond the- 
boundaries of the civil township. 

§ 667. Boundaries, how changed in future. After the- 
boundary lines of the several school districts in any of the said 
counties are rearranged and established as i)rovided for in the last 
preceding section of this article, such boundary so established may 
be changed b}' the county commissioners and superintendent of* 
schools of such county at any regular session of such commissioners', 
upon a petition for such change signed by one-third of the voters', 
residing in each district, whose boundaries will be affected by sucht 
change, if in the judgment of the commissioners and superintend- 
ent such change is for the best interests of the schools; provided,, 
that by such change or changes no new district shall be formed,, 
nor shall the number of school districts in the county be increased;; 
provided further, that each congressional township, not wholly or- 
in part included in a civil township, and no part of which is organ- 
ized for school purposes, shall be formed into a school district as 
soon as it shall have residing therein twelve or more children of 
school age. 

§ 668. Rights and powers of school corporations. Each 
school district constituted and formed as provided in this article- 
shall be a distinct corporation, and under its proper name or num- 
ber as such corporation, may sue and be sued, contract and be con- 
tracted with, and may acquire, purchase, hold and use personal or 
real property for school purposes or for the purposes mentioned in 
this chapter and sell and di.-^pose of the same. 

§ 669. Plats of school districts to be furnished by county- 
auditor. The county auditor shall, within thirty days after the first 
school election held as provided herein, transmit to the state audi- 
tor, to the superintendent of public instruction and to the county- 
superintendent, a plat of the county showing the boundaries and 



'28 GEINETIAL SCHOOL LAWS, 



mame of each school corporation therein, and shall record a copy 
'of the same, together with all proceedings of the county board had 
.and done under this chapter in a proper book kept for that purpose. 
He shall promptly furnish such officers with a correct plat showing 
any changes at any time in the boundaries of school corporations. 
The superintendent of public instruction shall furnish instructions 
ifor the suitable preparation and construction of such plats in regard 
to scale and markings, in order to secure a uniform series of maps 
for binding for office use. 

§ 669a. Legalizing irregularities. All school districts, 
whether duly and legally organized under the provisions of sta/tutes 
• or not, which for the eight years las/t past have had a defacto or- 
ganization, are hereby declared to be legally organized and are 
authorized to exercise all the functions of school districts which 
liave been duly and legally organized as pro\'ided by statute, with 
the boundaries which they may have at the time of the going into 
elfect of this article, and all contracts or obligations of said dis- 
tricts, and the acts of the officials thereof, are hereby ratified and 
confirmed in so far as to give them the same validity which they 
would have had if said districts had been legally organized. 

Article 4. — Election of School Officees. 

§ 670. OflB-cers to be elected. On the third Tuesday in June 
of each year there shall be elected one school director for the term 
of three years and on the third Tuesday in June of each even num- 
"bered year a school treasurer for the term of two years. Such of- 
ficers shall hold their respective offices from the second Tuesday 
in July following their election for the number of years respectively 
for which they were elected, and until their, successors are elected 
and qualified. At the first election for the organization of a new 
school district there shall be elected at large for such school dis- 
trict three directors, one to serve until the first annual election, 
•one to serve until the second annual election, and one to serve until 
the third annual election thereafter and a school treasurer to serve 
aintil the annual election in the next e\en numbered year and until 
"his successor is elected and qualified. 

§ 671. Polling places, how established. Appointment 
«Df election officers. The county superintendent in each county 
;shall, at least twenty days prior to the first election in the new dis- 
trict, fix and designate some polling place in each school district so 
located as to be convenient for the voters of such district, and shall 
.appoint two persons to act as judges and two to act as clerks of the 
^election of such school officers; such judges and clerks shall be qual- 
ified voters in their respective districts. The county superintend- 
-ent shall notify in writing such judges and clerks of their appoint- 
ment, and of the place fixed and designated as the polling place in 
their respective districts, and shall furnish them with the necessary 
Iblanks and poll books for such election. He shall also furnish one 
of such clerks with three notices of such election specifying the 



STATE OF NORTH DAKOTA. 291 

time and place at which such election is to be held, the officers ta 
be elected and term of each, which notices such clerk shall post in 
three of the most public places in the district at least ten days prior 
to such election. The county superintendent shall fix the date and 
perform such other duties as devolve upon him by the provisions of 
this section for the first election in any school district hereafter 
formed under the provisions of this chapter, and such election shall 
be called by the county superintendent within thirty days after the 
formation of such school district. 

§ 672. Who qualified, to vote or hold office. At any 
election of school officers in any school corporation in this state, 
all persons who are qualified electors under the general laws of the 
state and all women twenty-one years of age having the necessary 
qualifications as to citizenship and residence required of male 
voters by law, shall be qualified voters and shall be eligible to the 
office of county superintendent or schools, school director or mem- 
ber of the board of education or school treasurer, or may be Judge 
or clerk of such election. 

§ 673. Hours polls open. At all elections for school district 
officers, the polls shall be opened at two o'clock P. M. and closed at 
five o'clock P. M, 

§ 674. Notice of annual election. At least fifteen days, 
before the third Tuesday in June of each year the district school 
board of each school district shall designate one polling place as 
convenient as possible to the voters of such district at which such 
annual election shall be held, and shall cause notice of such election 
to be posted in at least three of the most public and conspicuous 
places within the district. Suoh notices shall be signed by the 
clerk or in his absence by the president of the district school board, 
and shall state the time and place of holding such election and the 
officers to be elected and their term of office, and shall be substan- 
tially in the following form: 

Notice is hereby given that on Tuesday the day of June, 

A. D an election will be held at (here insert 

polling place) for the purpose of electing (here insert 

officers to be elected and tenn each is to serve) for school district 

No or for (here insert name of school district). 

The polls will be opened at two o'clock P. M. and closed at five 
o'clock P. M. cf that day. 

By order of school board. 

Signed, 

Clerk. 

§ 675. Judges. Oath. At such annual election any two of the- 
directors of the school district may act as judges and the clerk of 
the district school board and one other person to be chosen b^- the 
voters present at the opening of the polls, shall act as clerks. The 
voters present at the opening of the polls shall choose a person to 
fill any vacancy caused by the absence of either of such officers to 
act as judge or clerk of such election. Before opening the polls. 



30 GENERAL SCHOOL LAWS, 

each of the judges and clerks of election shall take and subscribe 
the following oath or affirmation : "I do solemnly swear (or affirm) 
that I will perform my duties as judge or clerk (as the case may be) 
-according to law and the best of my ability," Such oath or affirma- 
tion may be administered by any officer authorized to administer 
■loaths or by either of the judges or clerks. Any school officer elected 
and qualified under the provisions of this chapter is authorized and 
-empowered to administer any oath or affirmation pertaining in any 
manner to school offices. 

§ 676. Election, how conducted. Canvass of votes. Such 
election shall be conducted and the votes canvassed as provided by 
law of general elections, except as otherwise i)rovided in this chap- 
ter. Immediately after the polls are closed the judges shall pro- 
ceed to count and canvass the votes for each person A'^oted for at 
such election for any office, and the person receiving the highest 
number of votes for the office of director or treasurer shall be de- 
clared elected. If the election results in a tie for any such office, 
the district clerk shall immediately notify in writing the parties 
liaving received such tie votes, and a time shall be agreed upon by 
the parties, within three days after the election, at which the elec- 
tion shall be decided in the manner that may be agreed upon by the 
parties, in the presence of the judges and clerks of election, and a 
record of the proceedings shall be made in the records of the dis- 
trict clerk, 

§ 677. Certificates of election. The clerk of the school dis- 
trict shall within five days after such election furnish each person 
■elected to any district office a written notice of his election, and 
that he shall take the oath of office as such officer on or before the 
second Tuesday in July following such election. He shall also for- 
ward to the county superintendent within ten days after such elec- 
tion, a certified list of all the officers elected thereat, 

§ 678. Oath of ofl&ce. Each person elected to the office of 
school director or treasurer shall before entering upon the duties of 
his office, take and subscribe the oath prescribed in section 211 of 
the constitution, which oath shall be filed with the clerk of the 
school district board. 

Article 5. — Organization, Meetings and Duties of District 

Officers, 

§ 679. District school board. Quorum. The three school 
directors in each school district shall constitute the district school 
board. A majority of the board shall constitute a quorum and the 

-agreement of a majority shall be necessary to the validity of any 
•contract entered into by the board, 

§ 680. Organization. Clerk. - The school board shall meet 
annually on the second Tuesday in July, and organize by choosing 
one of the members president, and a competent person, not a mem- 
ber of the board, clerk, who shall hold his office during the pleasure 

•of the board. 



STATE OF NORTH DAKOTA. 3t 

§ 681. Meetings of board. Fees. The board shall on the 
second Tuesday in January, April, July and October of each year, 
hold regular meetings for the transaction of business at such hour 
and place as may be fixed by the board. A special meeting may be 
held upon the call of the president or of the other two members. 
Written notice of the time and place of any special meeting shall 
be given to each member of the board at least forty-eight hours be- 
fore the time of such meeting. Each member of the board shall be 
paid the sum of eight dollars per annum, less two dollars for each 
regular meeting which he fails to attend. 

§ 682. Duties of the president. The president shall preside 
at all meetings of the board and shall perform such duties as usually 
pertain to such office and in accordance with the customary rules of 
order. In his absence a president pro tempore shall preside. The 
president shall perform such other duties as are prescribed in this 
chapter, 

§ 683. Duties of clerk. Compensation. The clerk of the 
board shall keep an accurate record of all proceedings of the board, 
give or post all notices, make out all reports and statements and 
perform all other duties required by law or by the board. He shall 
receive such com])ensation as shall be fixed by the board, not less 
than ten dollars for one school and five dollars for each additional 
school in his district; provided, that such salary shall not exceed 
forty dollars in any one year. 

§ 684. Treasurer's bond, how approved. Vacancy, how 
filled The school treasurer shall, on or before the second Tuesday 
in July following his election and before entering upon his duties 
give a bond to the school district conditioned for the honest and 
faithful discharge of his duties and that he will render a true ac- 
count of all funds and property that shall come into his hands and 
pay and deliver the same according to law. Such bond shall be in 
such sum as may be fixed by the board, but not less than double the 
sum to come into his hands in any one year as nearly as may be as- 
certained, which bond shall be signed by two or more sufficient sur- 
eties to be approved by the school board. In case the school board 
neglects or refuses to approve the bond of such treasurer and the 
sureties thereon, such treasurer may present the same to the county 
superintendent and serve notice thereof upon the board and due 
proof of such notice being made to the county superintendent, he 
shall, unless good cause for delay appears, proceed to hear and de- 
termine the sufficiency of the bond and the sureties thereon, and 
may approve or disapprove the same as the facts warrant. In case 
a vacancy occurs in the office of district treasurer, it shall be the 
duty of the county treasurer of the county wherein such school 
district is located, upon being notified by the county superintendejit 
-or clerk of such school district that such vacancy exists, to perform 
the duties of treasurer of such school district until the vacancy is 
-duly filled. 

§ 685. When additional bonds required. Whenever the 



32 GEiNEllAL SCHOOL LAWS, 

amount in the hands of the treasurer or subject to his order, exceeds 
two-thirds of the penal sum of his bond or when in the judgment of 
the board or of the county superintendent the security on such bond 
is impaired, the board or county superintendent sihall require an ad- 
ditional bond. If the treasurer fails for twenty days to give such 
additional bond the office shall be declared vacant and the vacancy 
shall be filled as provided by this chapter. 

§ 686. School funds, how paid out. The school treasurer 
shall keep such accounts and make such reports as are required of 
him by law, and shall publish his annual statement in a newspaper 
published in the nearest city or town to his district. He shall pay 
no money out of the school funds in his hands except upon the 
warrant of the school board, signed by the president and counter- 
signed by the clerk. He shall pay all warrants properly drawn and 
signed when presented, if there is any money in his hands or subject 
to his order for their payment. 

§ 687. Warrants to be indorsed when no funds to pay^ 
When a warrant is presented to the treasurer for payment and there 
is no money in his hands or subject to his order belonging to the 
proper fund for the payment of such warrant, he shall indorse- 
on such warrant "presented for payment this .... day of , 

18. ., and not paid for want of funds," and shall sign such indorse- 
ment. If he has in his hands or subject to his order money for 
the part payment of such warrant, he shall make such part payment 
and indorse the sum on the warrant and add "balance not paid for 
w^ant of funds," signing the same. He shall keep a correct register 
of all warrants so presented and indorsed. Each warrant thus pre- 
sented and indorsed shall draw interest on the amount unpaid at 
eight per cent per annum from the date of such presentation and 
indorsement until paid; provided, that when there shall come into, 
the hands of the treasurer or subject to his order monSy applicable- 
to the payment of any warrant which has been so presented and 
registered, the treasurer shall notify in writing by mail the drawee 
of such warrant at his last known place of residence to present such 
warrant for payment, and interest shall cease upon every such war- 
rant ten days after such notice shall have been sent, and such money 
shall be held for the payment of such warrant. 

§ 688. Warrants, what to specify. Each warrant drawn by 
the clerk of the board on the district treasurer must specify the pur- 
pose for which it is drawn, the fund on which it is drawn, and the 
person to whom payable; and no warrant shall be issued except for 
an indebtedness incurred prior to its issue. 

§ 689. Oaths and bonds, where to be filed. All official 
oaths and bonds of school district officers shall be filed with the 
district clerk, who shall immediately certify to the county superin- 
tendent the fact of such oaths and bonds being filed. Said clerk 
shall file school treasurer's bond with, county auditor after sucb 
bond has been approved by the district school board, as provided im 
this chapter. In case of the breach of any of the conditions of the* 



STATE OF NORTH DAKOTA. 33 



treasurer's bond, the board, throug^h its president, and in case of 
his refusal so to do, the county superintendent shall cause an action 
to be commenced and prosecuted thereon in the corporate name of 
the district, and any money collected for the district shall be paid 
to the district treasurer and any money collected for fines shall be 
paid into the county treasury and be credited to the general school 
fund of the state. If the board and county superintendent both fail 
or refuse to bring such action any taxpayer in the district may com- 
mence and prosecute such action, and the necessary expense thereof 
shall be paid out of the district treasury unless otherwise ordered by 
the court. 

§690. Salary of school treasurer. The school treasurer shall 
be paid for his services such sum as shall be fixed by the board not 
less than five nor more than twenty-five dollars per annum. 

Article 6. — Powers and Duties of District School Boards. 

§691. General powers. The district school board shall have 
the general charge, direction and management of the schools of the 
district, and the care, custody and control of all the property be- 
longing to it, subject to the i)rovisions of this chapter. 

§ 692. Power to establish schools. It shall organize, maintain 
and conveniently locate schools for the education of children of 
school age within the district, and change or discontinue any of 
them in the cases provided by law. 

§ 693. Repairs, fuel and supplies. It shall make all neces- 
sary repairs to the school houses, outbuildings and appurtenances, 
and shall furnish fuel and all necessary supplies for the schools. 

§ 694. Furniture, maps, registers, school library. It shall 
furnish to each school all necessary and suitable furniture, maps, 
charts and apparatus, including Webster's International Dictionary. 
The school registers and all school blanks used shall be those fur- 
nished by the state department of public instruction. It shall have 
power to purchase and keep for the use of the inhabitants of the 
sc'hool district a circulating library of the value of not more than 
fifty dollars, to be selected by the school board from any list of 
books approved by the superintendent of public instruction, and fur- 
nished by the' county superintendents for that purpose, and it shall 
not purchase any books not contained in such list. With the con- 
sent of a majority of the voters of the district at a meeting duly 
called for that purpose, due notice of which has been given as pro- 
vided by law for other meetings of the voters of the school district, 
the district school board may purchase and select a library of the 
value of more than fifty dollars but not to exceed one hundred dol- 
lars in value. It shall have the care and custody of the library and 
may appoint as librarian any suitable person including one of their 
own number. It shall make rules to govern the circulation and care 
of the books while in the hands of pupils or other persons and may 
impose and collect penalties for injuries done to any book by the 
act, negligence or permission of the person who takes the same or 



34 GENERAI. SCHOOL LAWS, 

while in his possession. No book shall be loaned for a longer period 
than two weeks at anj^ time to any one person and never to any per- 
son not a resident of the district. The library shall be open at 
least once each week for the accommodation of its patrons. It 
shall, under proper rules permit teachers to take books from the 
librar}^ to their schools for use in illustrating any subject and for 
instruction. It may at any time exchange any part or all of its 
library with any other district or person, so far as different books 
may be so obtained, for equal values of the books exchanged, and 
may at any time accept donations of books for the library, but it 
shall exclude therefrom all books unsuited to the cultivation of good 
character and good morals and manners, and no sectarian publi- 
cations devoted to the discussion of sectarian differences and 
creeds shall be admitted to the library. 

§ 695. Teachers, how employed. Salaries, how graded. 
It shall employ the teachers of the school district, and may dismiss 
a teacher at any time for plain violation of contract, gross immor- 
ality or flagrant neglect of duty. No person shall be permitted to 
teach in any public school who is not the holder of a teacher's certif- 
icate or a permit to teach, valid in the county or district in which 
such school is situated; and every contract for the employment of 
a teacher must be in writing, and such contract must be executed 
before such teacher begins to teach in such schools. It shall grade 
the salaries of teachers for the district in accordance with the 
grades of certificates, and no teacher holding a certificate of a lower 
grade shall be paid a salary equal to or in excess of that paid to a 
teacher holding a certificate of a higher grade in the same district. 

§ 696. Pupils from other districts. It shall have the power to 
admit to the schools in the district pupils from other districts when 
it can be done without injuring or overcrowding such schools, and 
shall make regulations for their admission and the payment of 
their tuition. It shall have the power to arrange with the board of 
an adjacent district for sending to such district such pupils as can 
conveniently taught therein, and for paying their tuition. It shall 
have the power to admit to the schools in the district pupils resid- 
ing in unorganized territory adjacent to the district, and shall ar- 
range with the parents or guardians of such pupils for paying their 
tuition; but in no instance shall a board refuse school privileges to 
or collect tuition from pupils residing in such adjacent unorgan- 
ized territory if the parents of such pupils are property holders in 
'the district and pay taxes. It shall also have the power to make 
proper and needful rules for the assignment and distribution of 
pupils to and among the schools in the district and their transfer 
from one school to another. 

§ 697. Rules. Suspension of pupils. It shall assist and 
co-operate with teachers in the government and discipline of the 
schools, and may make proper rules and regulations therefor. It 
may suspend or expel from school any pupil who is insubordinate 
or habitually disobedient, but such suspension shall not be for a 



STATE OF NORTH DAKOTA. 35 

longer period than ten days nor sucli expulsion beyond the end 
of the current term of school. 

§ 698. Branches of study. Subject to the approval of the 
county superintendent, it shall have power to determine what 
branches, if any, in addition to those required by law shall be 
taught in any school of the district. 

§ 699. Tax levy. Notice to county auditor. It shall have 
power to levy upon the property in the district a tax for school pur- 
poses of not exceeding thirty mills on the dollar in any year, which 
levy shall be made by resolution of the board prior to the twentieth 
day of July. The clerk shall immediately thereafter notify in writ- 
ing the county auditor of the amount of tax so levied. It shall not 
have power to abate or reduce the amount of tax so levied after the 
county auditor has been notified of the amount of such levy. 

§ 700. When school houses can be used for other pur- 
poses. It may x^ermit a school house, when not occupied for school 
purposes, to be used under careful restrictions for any j^roper pur- 
pose, giving equal rights and privileges to all religious denomina- 
tions or political parties, but for any such use or privilege it shall 
not be at any cost for fuel or otherwise to the district. Nor shall 
any furniture which is fastened to the floor be removed, and who- 
ever removes any school furniture for any other purpose than 
repairing the same or for repairing the school room shall be guilty 
of a misdemeanor and shall be fined not less than five nor more than 
ten dollars for each offense. All fines imposed and collected under 
the provisions of this section shall be paid into the general school 
fund of the state. 

§ 701. School houses and sites, how determined. When- 
ever in the judgment of the board it is desirable or necessary to 
the welfare of the schools in the district or to provide for the chil- 
dren therein proper school privileges, or whenever petitioned so to 
do by one-third of the voters in the district, the board shall call a 
meeting of the voters in the district at some convenient time and 
place fixed by the board to vote upon the question of the selection, 
purchase, exchange or sale of a school house site, or the erection, 
removal ov sale of a school house. Said election shall be conducted 
and votes canvassed in the same manner as at the annual election 
of school officers. Three notices of the time, place and purpose of 
such meeting shall be posted in three public places in the district 
by the clerk, at least ten days prior to such meeting. If a majority 
of the voters present at such meeting shall by vote select a school 
house site, or shall be in favor of the purchase, exchange or sale of 
the school house, as the case may be, the board shall locate, pur- 
chase, exchange or sell such site, or erect, remove or sell such 
school house, as the case may be, in accordance with such vote; 
provided, that it shall require a vote of two-thirds of the voters 
present and voting at such meeting to order the removal of the 
school house and such school house so removed cannot again be 
removed within three years from the date of such meeting. 



36 GENERAL SCHOOL LAWS, 

§ 702. School house sites, how obtained. The school 
board of any school district may take in the corporate name thereof, 
any real property not exceeding two acres in area chosen as a site 
for school house, as provided in this chapter, and may hold and use 
such tract for school purposes only. Should the owner of such 
real property refuse or neglect to grant and convey such site, a site 
for such school house may 'be obtained hy proceeding in eminent 
domain as provided in the code of civil procedure. If the site so 
selected is not used for the purposes for which it is taken for two 
successive years, it shall revert to the original owner or his assigns 
upon repayment of the sum originally paid by the corporation to- 
gether with a reasonable consideration for the improvement. If 
such owner or his assigns neglects or refuses to make such repay- 
ment for one year after demand therefor by the board such site 
shall be the property of the district. 

§ 703. Schools to be organized on petition. If a petition 
signed by the persons charged with the support and having the cus- 
tody and care of nine or more children of school age, all of whom 
reside not less than two and one-half miles from the nearest school 
is presented to the board asking for the organization of a school for 
such children, the board shall organize such school and emjiloy a 
teacher therefor if a suitable room for such school can be leased or 
rented at some proper location, not more than two and one-half 
miles distant from the residence of any one of such children, and if 
such petition is signed by the persons charged with the support and 
having the custody and care of twelve or more such children the 
board shall org-^anize a school and employ a teacher therefor, and 
if no suitable room for such school can be leased or rented, the 
board shall call a meeting of the voters of the district for the selec- 
tion and purchase of a school house site therefor and the purchase 
or erection of a school house as provided for in section 701. If at 
such meeting no such site is selected or if it is not voted to erect 
or purchase a school house for such schoiol the board shall select 
and purchase a school house site, and erect, purchase or move 
thereon a school house at a cost of not more than seven hundred 
dollars for such house and furniture therefor; provided, that the 
provisions of this section shall noit apply in instances where schools 
have been consolidated in accordance with the provisions of sec- 
tion 704. 

§ 704. School terms, ho-w arranged, and when discon- 
tinued. Consolidation of common schools. The district board 
ishall determine and fix the lenglh of time the schools in the district 
shall be taught each year, and when each term of school shall begin 
and end. It shall so arrange such terms as to accommodate and 
furnish school privileges equally and equitably to pupils of all ages; 
provided, that every common school shall be kept in session for not 
less than four months in each school year, and in every district in 
which the number of persons of school age is an average of fifteen 
or more to the school, each school shall be kept in session for not 



STATE OF NORTH DAKOTA. 37 



less than six montlis in each school year; provided further, that any 
school may be discontinued when the average attendance of pupils 
therein for ten consecutive days shall be less than four, and all 
contracts between school boards and teachers shall contain a pro- 
vision that no compensation shall be received by such teacher from 
the date of such discontinuance, or when, with the consent of a ma- 
jority of the patrons of such school, proper and convenient school 
facilities can be provided for the pupils therein in some other 
school; provided further, that a board may call, and if petitioned by 
a majority of the voters in the district, shall call an election to de- 
termine the question of consolidating two or more common schools, 
and of selecting a site and erecting a suitable building or of making 
suitable additions to buildings already erected, to accommodate the 
pupils of schools to be vacated. Said elections shall be conducted 
both as to notices and as to manner of canvassing the votes in the 
same manner as the annual school election. If two-thirds of the 
votes cast at such election are in favor of consolidating two or 
more schools and of providing a suitable building for the accommo- 
dation of the pupils of vacated schools, then the board shall make 
all necessary arrangements to carry out the decision of the district. 
The board shall arrange for the transportation of pupils to and 
from such general school. It shall establish routes of travel, adopt 
rules and regulations for such transportation and shall contract 
with responsible parties for such transportation. 

§ 705. Additional school time. If a majority of the patrons 
of any school averaging for its last term twelve or more pupils in 
daily attendance, shall petition the board to continue such school 
for an additional time, not exceeding nine months in any school 
year, the board shall continue such school for that length of time, 
if there are funds in the treasury sufiQcient for that purpose. 

§ 706. District high schools, how established and con- 
trolled. In any district containing four or more common schools 
and having an enumeration of sixty or more persons of school age 
residing therein the board may call, and if petitioned so to do by 
ten or more voters in the district, shall call a meeting of the voters 
of such district in the manner prescribed in section 700 to deter- 
mine the question of the establishment of a district high school. If 
a majority of the voters at such meeting vote in favor of- establish- 
ing such high school, the meeting shall further proceed to select a 
site therefor and to provide for the erection or purchase of a school 
building, or for the necessary addition to some school building 
therefor. Thereupon the board shall erect or purchase a building 
or make such addition for such high school, as shall be determined 
at such meeting, and shall establish therein a district high school 
containing one or more departments, and employ teachers therefor. 
Such school shall be kept in session for such time each year not 
less than three months, as the board may determine. The board 
shall, subject to the approval of the county superintendent, grade 



38 GEN'EiRAL SCHOO^L LAWS, 

such hij^h school and prescribe the studies to be pursued therein, 
and shall have the same management and control thereof as of the 
common schools in the district. Two or more adjacent school dis- 
tricts may join in the establishment and maintenance of such high 
school, when empowered so to do by a majority of the voters in each 
district at a meeting called and held as provided for in this section,, 
in which case the building and furniture occupied and used for such 
high school shall belong to the districts so uniting, and all the costs 
of maintaining such school, including wages of teachers and all 
necessary supplies shall be paid by such districts in proportion to 
the assessed valuation of the property in each, and the employment 
of teachers therefor, and the management, control and grading 
thereof shall be vested in the joint boards of such districts, subject 
to the approval of the county superintendent of the county in which 
such school is situated. 

§ 707. School census. Annual school report. The board 
shall cause the clerk to make an enumeration each year of all un- 
married persons of school age, being over six and under twenty 
years of age, having their legal residence in the district on the first 
day of June of that year, giving the names and ages of such persons 
and the names of the parents or guardians having the care and 
custody of each. Such enumeration shall be made upon and in ac- 
cordance with the blanks furnished therefor by the county superin- 
tendent and shall be returned to the county superintendent prior to 
the twentieth day of June. A copy of such enumeration shall also 
be kept in the office of the district clerk. The board shall also cause 
the district clerk to make out an annual report for the year begin- 
ning July first and ending June thirtieth, containing such financial 
and statistical statements and items as shall be required by the 
superintendent of public instruction upon and in accordance with 
the blanks furnished therefor by the county superintendent. Such 
report shall be carefully examined and certified as correct by the 
board at its regular meeting in Jul}^ and transmitted to the county 
superintendent prior to the first day of August following. A copy 
of such report shall be filed in the district clerk's ofiice; provided, 
that special school districts, independent districts and districts or- 
ganized for school purposes under special law, shall enumerate their 
children of school age on the first day of December, or within the 
next twenty days following, and such enumeration shall be reported 
to the county superintendent by the clerk. 

§ 708. Records open to inspection. All reports, books, 
records, vouchers, contracts and papers relating to school business 
in a school district in the office of the clerk or treasurer, shall at all 
times be open to the inspection of any director, v/ho shall advise 
and aid in securing correct records and accounts and legal re- 
ports, and they shall likewise be open to th6 superintendent of pub- 
lic instruction, and county superintendent and any particular paper 
or record shall be exhibited at reasonable hours to any voter or tax 
payer. 



STATE OF N'(3RTH DAKOTA. 39 



§ 709. Records and teaching* in English. All reports and 
records of school officers and proceedings of all school meetings 
shall be in the English language, and if any money belonging to 
any district shall be expended in supporting a school in which the 
English language shall not be taught exclusively, the county sup- 
erintendent or any tax payer of the school corporation may in a 
civil action in the name of the corporation recover for such corpora- 
tion all such money from the officer so expending it or ordering or 
voting for its expenditure. 

Article 7. — School Funds. 

§ 710. State tuition fund, how raised. The net proceeds 
arising from all fines and penalties for violation of state laws, from 
leasing the school lands and the interest and income from the state 
permanent school fund shall be collected and paid into the state 
treasury in the same manner as is provided by law for the collection 
and payment of state taxes, and shall constitute the state tuition 
fund, which shall be apportioned among the several counties of the 
state in proportion to the number of children of school age in each 
as shown by the last enumeration authorized by law. 

§ 711. County treasurer to report state tuition fund 
quarterly. Superintendent of public instruction appor- 
tions. It shall be the duty of the county treasurer to receive from 
the proper officers the net proceeds of fines, penalties and forfeit- 
ures for violation of state laws, and all moneys arising from leasing 
school lands within the county, and to forward a detailed state- 
ment of moneys so collected, specifying the amount received from 
each of the above sources, to the state auditor at the same time that 
he is required to make reports of other moneys to such auditor. It 
shall be the duty of the state auditor on or before the third Mon- 
day in February, May, August and November in each year to certify 
to the superintendent of public instruction the amount of the state 
tuition fund, and the superintendent of public instruction shall im- 
mediately apportion such fund among the several counties of the 
state in proportion to the number of children of school age residing 
in each as shown by the last enumeration provided for by law and 
certify to the state auditor, state treasurer and to the county treas- 
urer and county superintendent of each county, the amount appor- 
tioned to the respective counties. Immediately upon receipt of ^uch 
apportionment from the state superintendent as herein provid(id, 
the state auditor shall draw a warrant upon the state treasurer for 
the full amount of the state tuition fund apportioned to the several 
counties and shall deliver the same to the state treasurer, taking 
his receipt therefor, and shall notify the several county treasurers 
of the amounts due their respective counties and that such warrant 
has been issued therefor and the state treasurer shall pay on such 
warrant to the several county treasurers the amount due their re- 
spective counties; provided, however, that all moneys arising from 



40 GENEIRAL SCHOOL LAWS. 

interest on the permanent school fund and from leasing school 
lands shall be apportioned under a separate item and such money 
shall be taken account of as a separate item by all officers making 
or certifying such apportionment, or through whose hands any por- 
tion of such fund shall pass and it is further made the duty of the 
district treasurer to keep such fund separate from all other funds 
and if at the close of the school year any part of such fund which 
was apportioned prior to the third Monday of November of such 
year remains in the hands of the district treasurer, he shall return 
the same to the county treasurer, taking his receipt therefor, and 
the county treasurer shall return all such funds so returned or that 
were not drawn by the district treasurer from the county treasury 
to the state treasurer who shall receipt for the same, and the 
county treasurer shall certify to the state auditor the amount so 
returned to the state treasurer. 

§ 712. Funds defined. How used. All money received by 
the school district from the apportionment made by the superin- 
tendent of public instruction shall constitute and be designated the 
state tuition fund. All money received from district taxes, from 
subscription, from sale of property, or from any other source what- 
ever except from apportionment made by the superintendent of 
public instruction, shall be designated the special fund. In addi- 
tion to the state tuition fund and the special fund, a sinking fund 
may be established as provided by this article. The state tuition 
fund shall be used only in the payment of teachers' wages; pro- 
vided, that if the state tuition fund apportioned to any district in 
any one year is insufficient for the payment of teachers' wages in 
such district any money on hand or available belonging to the 
special fund of such district may be applied to meet such deficiency; 
provided, further, that if the state tuition fund apportioned to any 
one district in any one year is more than sufficient for the payment 
of teachers' wages in such district the portion of such fund in ex- 
cess of the amount so required may be applied to the payment of 
warrants drawn upon the special fund of such district, if such dis- 
trict has school the required number of months during such year as 
required by law. 

§ 713. Funds controlled and paid out by district treas- 
urer. All funds shall be kept in the possession or under the con- 
trol of and paid out by the district treasurer, except as otherwise 
provided in this chapter, and he shall keep one general account fou 
each district of the entire receipts and expenditures, and separate 
itemized accounts as herein provided for each class of receipts and 
expenditures. His books shall at all times show by entries under 
proper heads all receipts of funds and payments made therefrom, 
so as to enable any person readily to ascertain any balance in ac- 
count of any fund. 

§ 714. JN'ot entitled to tuition fund, when. Enumeration. 
No school district shall be entitled to receive any portion of the 



STATE OF NORTH DAKOTA. 41 



state tuition fund that fails to malce a report of the enumeration of 
-children of school age in the manner provided by law, nor until 
such enumeration has been taken and reported as required by law. 
The county superintendent of schools shall not authorize the i)ay- 
ment of money apportioned to any district unless the bond and oath 
•of such treasurer has been duly approved and Hied, as provided for 
by section 689. New districts organized after the annual enum- 
-eration has been taken shall proceed immediately to take the enum- 
•eration as provided by law, and after the receipt of such enumera- 
tion by the superintendent of public instruction through the county 
superintendent, the newly organized district shall receive its pro- 
portionate share of the funds to be apportioned. 

§ 715. Apportionment of state tuition funds by county 
superintendent. Within thirty days and in not less than twenty 
days after receiving the certificate of apportionment from the sup- 
erintendent of public instruction and the certificate from the county 
auditor, as provided for in section 722 of this chapter, the county 
superintendent shall apportion separately to the several school dis- 
tricts, special districts, independent districts, and districts organ- 
ized under special laws which are entitled to any portion of the 
■state tuition and special funds within the county in proportion to 
the number of children residing in each over six and under twenty 
years of age, excluding all married persons, as appears from the last 
enumeration authorized by law upon which the superintendent of 
public instruction made the apportionment to the several counties, 
and he shall immediately notify each district treasurer of the 
amount of money due his school district, and shall certify to the 
county treasurer and to the county auditor the amount due each 
school district. The county treasurer shall deliver to the several 
district treasurers upon the order of the county auditor the amounts 
apportioned to their respective districts, taking a receipt therefor. 

§ 716. Special and independent districts and districts or- 
ganized under special law^s entitled to tuition funds. 
Special and independent school districts and districts organized 
under special laws shall be entitled to receive their proportion of 
the state and special tuition funds; provided, that the clerk or sec- 
retary of the board of education thereof shall make a report to the 
county superintendent of the enumeration of children of school age 
therein at the time and in the manner prescribed in this chapter. 

§ 717. Treasurer's accounts. Annual settlement. The 
district treasurer shall open new accounts with each fund at the 
beginning of each school year, and the balance in each fund shall 
be brought down and become the first entry in opening the account 
for the new year. On the Tuesday in July succeeding the regular 
meeting of the school board in each year, the school board shall 
make settlement with the district treasurer, and shall carefully ex- 
amine his books, accounts and vouchers and shall ascertain if the 
amount of all warrants, bonds and coupons paid and redeemed or 



42 GEINERAL SCHOOL LAWS, 

paid in part, together with the cash in his hands or under his con- 
trol, is equal to the amount of the cash on hand at the beginning 
of the school year, together with all money received by him from 
all sources for school purposes during the year. The district treas- 
urer shall deliver to the board at such annual meeting all warrants,, 
bonds and coupons paid and redeemed hj him during the school 
year, and held by him as vouchers, taking the receipt of the board 
therefor, and such vouchers shall forthwith be filed with the district 
clerk. He shall at that meeting make his annual report in tripli- 
cate, one copy to be preserved in the treasurer's office, one to be 
:filed with the clerk of the school board, and one to be transmitted 
to the county superintendent of schools, and the board shall cause 
to be published an itemized statement of the receipts and expendi- 
tures of the preceding year. The treasurers' reports shall show the 
following: 

RECEIPTS. 

The balance at the close of the year. 
The amount received into the state tuition fund. 
The amount received into the special fund. 
The amount received into the sinking fund. 

EXPENDITURES. 

The -amount paid for school houses, sites and furniture. 

The amount paid for apparatus and fixtures. 

The amount paid for teachers' wages. 

The amount paid for services and expenses of school officers. 

The amount paid for redemption of bonds. 

The amount paid for interest on bonds. 

The amount paid for incidental expenses. 

The cash on hand at the close of the school year. 

Such report shall include such other items as may be required 
by the district board, or the superintendent of public instruction, 
and shall be upon and in conformity with the blanks furnished 
him for that purpose. 

§ 718. When county treasurer to pay funds to district 
treasurer. The treasurer of each district shall apply to the- 
county auditor for an order, and the county treasurer shall pay 
over to him on such order all of the school money collected for 
such district and all school money apportioned to such district by 
the county superintendent, and the county auditor shall issue such 
order; provided, such district treasurer has qualified and filed his 
oath and bond as provided by law. It shall be the duty of the 
county treasurer, when payment is made to any school treasurer of 
any funds herein provided for, immediately to notify the clerk of 
the school board of the payment of the same. 

§ 719. County treasurer to keep accounts with school 
corporations. Each county treasurer shall keep a regular ac- 



STATE OF NORTH DAKOTA. 4S 



count with each school corporation, in which he shall (;harge him- 
self with all taxes collected by levy of the district school board andl 
all sums apportioned to the district by the county superintendent or- 
other authority, and all sums received for the district, and he shalll 
credit himself with all payments made to the treasurer of the dis- 
trict, distinguishing between the items paid by apportionment,, 
those from county taxes and those from other sources, lie shall 
also credit himself with all payments for redemption or indorse- 
ment of warrants in the collection of taxes and shall deliver to the- 
district treasurer a duplicate tax receipt for the amount of eacb 
warrant so indorsed or redeemed together with all warrants so^ 
redeemed at the time of making other regular payments to the dis- 
trict treasurer. To these credits, to balance the accounts, he shalll 
add all items for legal fees, for collection and other duties. 

§ 720, School taxes, how and -when collected. It shall be^ 
the duty of the county treasurer to collect the taxes for school 
purposes at the same time and in the same manner that the county 
and staite taxes are collected, and full power is hereby given him to- 
sell property for school taxes the same as is provided by law for the* 
collection of other taxes. Whenever an error occurs in any school 
corporation's tax list the district school board or board of educa- 
tion in special or independent districts or districts organized under- 
sjjecial laws may correct such errors and refund such taxes improp-^ 
erly collected. All penalties and interest collected on delinquent 
school taxes shall be applied to the proper fund to which such de- 
linquent taxes belong. 

Article 8. — Taxes. 

§721. School board to levy tax. Each district school board' 
shall have power and It shall be its duty to levy upon all the prop- 
erty subject to taxation in the district a tax for school purposes of 
all kinds authorized by law, not exceeding in the aggregate a rate 
of thirty mills on the dollar in any one year. Such tax shall be- 
levied by resolution of the board prior to the twentieth day of July 
in each year, which resolution shall be entered in the records of 
the proceedings of the board. The clerk shall immediately there- 
after notify the county auditor in writing of the amount of tax so- 
levied, and such notice shall be in substantially the following form:: 
State of North Dakota, ] 

County of >- ss. 

School District ) 

To 

Gountv Auditor of Countv. 

Sir: 

You are hereby notified that the school board of school: 

district has levied a tax of dollars upon all real and per- 
sonal property in said school district for school purposes. You 
will duly enter and extend such tax upon the county tax list for col- 



-^44 GENERAL SOHOOL LAWS, 

lection upon the taxable property of such school district for the 
-current year. 

Dated at this day of 189 . . 



District Clerk. 

The notice of a tax to pay any judgment against the district shall 
be in addition to the regular tax and shall be certified to the county 
auditor under the same general form, as near as may be; provided, 
that if the boundaries of such district shall embrace a portion of 
two counties then the clerk of such district shall certify- to the 
county auditor of the county in which is located the original district 
to which such portion of the district embraced in the other county 
is attached, in addition to the tax levy above mentioned, a list and 
valuation of all property subject to taxation in such portion of such 
district embraced in the other county, as shown by the assessor 
making the assessment in such county, township or assessor's dis- 
trict, and the auditor shall enter such property upon the tax dupli- 
-cate of his county and leYj all school taxes upon the same, and the 
county treasurer of the county shall collect the taxes levied thereon 
the same as other taxes are collected and pay the same over to the 
treasurer of the district entitled thereto. 

§ 722. Tax, how levied, how apportioned. Apportion- 
ment of delinquent taxes. 1. The county auditor of each county 
shall at the time of making the annual assessment and levy of taxes 
levy a tlax of one dollar on each elector in the county for the sup- 
port of common schools, and a further tax of two mills on the dol- 
lar on all taxable property in the county, to be collected at the same 
time and in the same manner as other taxes are collected, which 
shall be apportioned by the county superintendent of schools among 
the school districts of the county. 

2. It shall be the duty of the county auditor on or before the 
third Monday in February, May, August and November in each 
year, to certify to the county superintendent of schools the amount 
of such county tuition fund, which the county superintendent of 
schools shall apportion among the several school districts in the 
same form and manner as provided for the apportionment of the 
state tuition fund. The county superintendent shall file with the 
^■county auditor and the county treasurer a certified statement show- 
ing the amount apportioned to each district. 

3. It shall also be the duty of the county auditor to certify at the 
time herein specified the amount of delinquent taxes collected for 
the special tuition fund prior to those levied for the year 1899, 
-which amounts shall be apportioned by the county superintendent 
=of schools as herein provided; and the county treasurer shall pay 
such amounts to the district treasurers the same as other special 
funds are paid. 

§ 723. Maximum levy for final judgment. Taxes to be 
'uniform. When any. final judgment shall be obtained against a 



STATE OF NORTH DAKOTA. 45, 

school district the board thereof shall levy a tax upon the taxable 
property of such district not exceeding in amount twenty mills on 
the dollar in any one year, which shall be used in the payment 
thereof. The county auditor shall make out, charge and extend 
upon the tax list against each description of real property and 
against all personal property', and upon all taxable property of the 
district, all such taxes for schools and judgments he is so notified, 
has been levied by the district in w^hich the pro])erty is situated and 
taxable, in the same manner in which the county and state tax list 
is prepared, and deliver it to the county treasurer at the same time. 
All taxes for school purposes shall be uniform upon the property 
within each school district. 

§ 724. Statement of assessed valuation. Each assessor 
shall on or before the first day of July in each year furnish to the 
clerk of the school district, to the county superintendent of schools 
and to the county auditor a statement of the assessed valuation of 
all the property in such corporation subject to taxation. 

§ 725. Indebtedness of district, how adjusted -when 
no legal school board exists. If any school district in the 
state has for one or more years past, either through failure to elect 
a school board or through failure of the county superintendent to 
appoint a school board, been without a legal school board or if here- 
after any school district through such failure to elect or to appoint 
such school board shall be without such legal school board and such 
district shall have an authorized indebtedness either in bonds, in- 
terest due on bonds or otherwise, it shall be the dut}^ of the county 
superintendent, the county treasurer and county auditor, acting as 
a board of adjusters, to assess upon the taxable property of such 
school corporation a tax not to exceed twenty mills on the dollar in 
any one year upon the assessed valuation thereof for the payment 
of the same. Which tax so levied shall be extended upon the tax 
lists by the countj^ auditor and be collected by the county treas- 
urer as other taxes are collected and shall be ai)plied upon and used 
for the payment of such indebtedness, and shall be paid to the cred- 
itors of such district upon the W'arrant of the county auditor coun- 
tersigned by the county superintendent, and all warrants, bonds,, 
interest coupons, receipted bills or accounts shall be filed in the 
office of the county auditor and in case such school corporation has 
a bonded indebtedness, it shall be the duty of such board of adjust- 
ers to levy a tax upon the property of such district sufficient to 
create a sinking fund for the redemption of such bonds upon the 
maturity of the same, such sinking fund to be levied and i)rovided 
for in compliance with the requirements of such bonds. 

Article 9. — YAeANCiES. 

§ 726. Vacancy in office superintendent public instruc- 
tion filled by appointment. Should a vacancy occur iiLthe office- 



46 GENERAL SCHOOL LAWS, 

cof the superintendent of public instruction, the governor shall have 
^ower and it shall be his duty to fill such vacancy by appointment, 
v^hich appointment shall be valid until the next general election 
;and until his successor is elected and qualified. 

§ 727. Vacancy in office of county superintendent. 
.Should a vacancy occur in the office of county superintendent of 
schools, the board of county commissioners of such county shall 
have the power and it shall be their duty to fill such vacancy by ap- 
pointment, as provided by law, which appointment shall be valid 
until the next general election. The county auditor shall imme- 
diately notify the superintendent of public instruction of such ap- 
pointment. 

§ 728. Vacancy in office of director or treasurer, how 
.filled. When any vacancy occurs in the office of director or treasurer 
of a school district by death, resignation, removal from the district, 
,or otherwise, the fact of such vacancy shall be immediately certified 
to the county superintendent by the clerk of the district, and such 
superintendent shall immediately appoint in writing some compe- 
tent person, who shall qualify and serve until the next annua' 
school election. The county superintendent shall at .the same time 
notify the clerk of the school district and the county auditor of 
every such appointment. 

§ 729. Vacancy in office of clerk, how filled. Should the 
office of clerk of a school district become vacant, the school board 
shall immediately fill such vacancy by appointment and the presi- 
dent of the board shall immdiately notify the county superintend- 
ent and the county auditor of such appointment. 

§ 730. Office,When deemed vacant. Any office o£ a school 
district shall become vacant by resignation of the incumbent there- 
4Df, but such resignation shall not take effect until a successor has 
qualified according to law. Any office of a school district shall be 
deemed vacant if the person duly elected thereto shall neglect or 
refuse for the period of two weeks after the beginnijig of the term 
for which he was elected, to accept and qualify for such office and 
serve therein. Any school officer may be removed from office by ?i 
court of competent jurisdiction, as provided by law. 

Article 10. — Equalization of Indebtedness. 

§ 731. Equalization of indebtedness by arbitration. 

After the boundaries of a school district have been established, as 
provided for in this chapter, all school districts or parts of school 
districts that existed as school corporations, or as parts thereof be- 
fore the taking effect of this code and that are now included in one 
school district shall effect an equalization of property, funds on 
Tiand and debts, or whenever the boundaries of two or more dis- 
trict are rearranged, all districts affected by such change shall 
effect an equalization of .property, funds on hand and debts. To 
•effect this each school board of such corporation, constituting a 



STATE 01<' NORTH DAIvOiTA. 47 

school district under the operation of this chapter, shall select one 
arbitrator, and the several arbitrators so selected, together with 
the county superintendent shall constitute a board of arbitration 
to effect such equalization. If in any case the number of arbi- 
trators, including the county superintendent, shall be an even num- 
ber, the county treasurer shall be included and be a member of such 
board. The county superintendent shall fix the time and place of 
such meeting. 

§ 732. Tax to equalize and pay previous debts. Such 
board shall take an account of the assets, funds on hand, the debts 
properly and justly belonging to or chargeable to each corporation 
'Or part of a corporation affected by such change, and levy such a 
tax against each as will in its judgment justly and fairly equalize 
their several interests. 

§ 733. Maximum annual tax levy for such purposes. 
When the amounts to be levied upon the several corporations or 
parts of corporations mentioned in the preceding section shall bo 
fixed, a list thereof shall be made wherein the amount shall be set 
down opposite each corporation. The whole shall be stated sub- 
stantially in the form herein required for certifying school taxes 
and addressed to the county auditor, and shall be signed by a ma- 
jority of such board of arbitration ; such levy shall be deemed legal 
and valid upon the taxable property of each corporation; provided, 
however, that not more than fifteen mills thereof shall be extended 
against such taxable property in any one year, and such a levy not 
exceeding fifteen mills on the dollar shall be extended as in this 
section provided, from year to year, until the whole amount shall 
be so levied. The county auditor shall preserve such levies and 
shall extend the several rates from year to year, as above required 
by law for district taxes and the taxes shall be collected at the 
same time and in the same m.anner as other taxes are collected. 

§ 734. Proceeds to be turned over to the respective dis- 
tricts. Opposite the several descriptions of proi)erty on the tax list 
shall be entered the school district within which it lies, and all the 
proceeds of these equalizing taxes shall be collected and paid over 
to the treasurer of the proper school district within which the prop- 
erty is situated. The proceeds of taxes upon parts of districts lying 
outside of the districts as at present constituted, with which they 
were equalized, shall be paid to the treasurer of the school district 
within which the property is situated, the same as hereinbefore pro- 
vided for regular taxes. 

§ 735. Maximum tax levy for all school purposes. The 
taxes levied for purposes of equalization shall be, in addition to all 
•other taxes for school purposes; provided, that all taxes for school 
purposes, including such taxes for equalization, shall not exceed 
thirty mills on the dollar in any one year. The provisions of this 
article shall apply to and govern all school districts and parts of 
school districts hereafter divided or consolidated with each other. 



48 GENERAL SCHOOL LAWS, 

or with other districts in the division uniting or apportionment of 
their debts and liabilities or property and assets. 

Article 11. — Examinations and Certificates. 

§ 736. Examinations for teachers' certificates. The super- 
intendent of public instruction shall prepare or cause to be pre- 
pared all questions for the examination of applicants for teachers' 
certificates, both county and state, and shall prescribe rules for the 
conduct of all such examinations. 

§ 737. Professional certificate, who entitled. He may 
issue a state certificate to be valid for life, unless sooner revoked, 
to be known as a professional certificate. Such certificate shall be 
issued only to those persons of good moral character, who pass a 
thorough examination in all the branches included in the courses 
of study prescribed for the comman and high schools of the state, 
including methods of teaching and such other branches as the sup- 
erintendent of public instruction may direct. Such certificates 
shall in no case be granted unless the applicant has had an exper- 
ience as a teacher of at least five years, and can satisfy the superin- 
tendent of his ability to instruct and properly manage any high 
school of the state. Such certificate shall be valid throughout the 
state, and the holder shall be authorized to teach in any of the com- 
mon or high schools of the state without further examination; pro- 
vided, that any person who is a graduate of the normal course in 
the university of North Dakota, or of the state normal schools of 
North Dakota, and has had three years successful experience after 
graduation as a teacher, may be granted such professional certifi- 
cate without further examination; provided, further, that if the 
holder of a professional certificate ishall at any time cease to teach 
or to be engaged in other active educational work for the space of 
three years, he shall be liable to a re-examination and to the can- 
cellation of his certificate, subject to such rules as may be pre- 
scribed by such superintendent. 

§ 738. Normal certificate, who entitled. He may issue 
a state certificate, to be valid for a term of five years, unless sooner 
revoked, to be known as a normal certificate. Such certificate shall 
be issued only to those persons of good moral character, who have 
completed the prescribed course of study in one of the normal 
schools of the state, or in a normal school elsewhere having an es- 
tablished reputation for thoroughness, but the superintendent of 
public instruction may examine any such applicant in his discre- 
tion. Such certificate shall not be granted unless the applicant 
shall have taught school successfully for at least two years. Such 
certificate shall be valid throughout the state, and the holder shall 
be authorized to teach in any of the public schools of the state; pro- 
vided, that any person who is a graduate of the normal course in 
the university of North Dakota, or of the state normal schools of 
North Dakota, and who has had one year's successful experience- 



STATE OF NORTH DAKOTA. 49 

after graduation as a teacher, may be granted such normal certifi- 
cate without further examination; provided, further, that a 
diploma from either of the normal schools, or the normal depart- 
ment in the university of North Dakota, shall for the period of tvi'o 
years after date of issue, be the equivalent of a first grade certifi- 
cate in any county in this state, if the party holding such diploma 
has the required age specified in section 742. 

§ 739. Fee for certificate. Certificate, how revoked. The 
superintendent shall require a fee of five dollars from each appli- 
cant for a professional or normal certificate, which fee shall be used 
by him to aid in the establishment and maintenance of teachers' 
reading circles in the state. He shall revoke at any time any certifi- 
cate issued in the state, for any cause which would have been suf- 
ficient ground for refusing to issue the same had the cause existed 
or been known at the time it was issued. 

§ 740. Examination of teachers by county superintendent. 
The county superintendent shall hold a public examination of all 
persons over eighteen years of age offering themselves as candidates 
for teachers of common schools at the most suitable place in the 
county, on the second Friday in March, and on the last Friday in 
May, August and October of each year, and when necessary, such 
examination may be continued on the following day, at which time 
he shall examine them by a series of written or printed questions, 
according to the rules prescribed by the superintendent of public 
instruction. If, from the percentage of correct answers required 
by the rules and other evidence disclosed by the examination, in- 
cluding particularly the superintendent's knowledge and informa- 
tion of the candidate's successful experience, if any, the applicant 
is found to be a person of good moral character, to possess a knowl- 
edge and understanding, together with aptness to teach and govern 
which will enable such applicant to teach in the common schools 
of the state the various branches required by law, such superin- 
tendent shall grant to such applicant a certificate of qualification. 

§ 741. Teachers' grades, how established. Re-examina- 
tion, when allowed. Such certificates shall be of three regu- 
lar grades, the first grade for a term of three years, the second 
grade for a term of two years, and the third grade for one year, ac- 
cording to the ratio of correct answers of each applicant and other 
evidence of qualification appearing from the examination. No cer- 
tificate shall be granted unless the applicant shall be found pro- 
ficient in and qualified to teach the following branches of a common 
English education: Reading, writing, orthography, language les- 
sons and English grammar, geography, United States history, arith- 
metic, civil government, physiology and hygiene, and for a first and 
second grade can pass a satisfactory examination in theory and 
practice of teaching. In addition to the above, applicants for a 
first grade certificate shall pass a satisfactory examination in physi- 
cal geography, elements of natural philosophy, elements of psycho- 



50 GENERAL SCHOOL LAWS, 



logy, elementary geometry and algebra. The percentage required 
to pass any branch shall be prescribed by the superintendent of 
public instruction. In addition to these regular grades of certifi- 
cates, the county superintendent may grant permission to teach 
until the next regular examination to any person applying at any 
other time than at a regular examination, who can show satisfac- 
tory reasons for failing to attend such examination, subject to such 
rules and regulations as may be prescribed by the superintendent 
of public instruction. Such permit shall mot be granted more than 
once to any person. The written answers of all candidates for 
county certificates, after being duly examined by the county super- 
intendent, shall be kept by him for the space of six months after 
such examination, and any candidate thinking an injustice has been 
done him, may by paying a fee of two dollars into the institute fund 
of the county and notifying both the county (superintendent and the 
superintendent of public instruction of the same, have his papers 
re-examined by the superintendent of public instruction. The 
county superintendent shall on receipt of such notice from such 
complaining candidate transfer such papers to the superintendent 
of public instruction, who shall examine such answers, and, if such 
answers warrant it, shall instruct the county superintendent to is- 
sue to such candidate a county certificate of the proper grade, and 
the county superintendent shall carry out such instructions. 

§ 742. Qualifications of teachers. Contracts, when void. 
No certificate or permit to teach shall be issued to any person under 
eighteen years of age, and no first grade certificate shall be issued 
to any person under twenty years of age, and who has not taught 
successfully twelve school months; and no person shall be allowed 
to teach more than fifteen school monthson a third grade certificate. 
The certificate so issued by a county superintendent shall be valid 
only in the county where issued; provided, that a first grade certifi- 
cate may be renewed once without examination at the discretion of 
the county superintendent, upon payment of the proper fee for the 
institute fund as provided in the case of examination; provided, 
further, that a first grade certificate shall be valid in any county of 
the state when indorsed by the county superintendent of such 
■county. No person shall be employed or permitted to teach in any 
■of the public schools of the state, except those in cities organized for 
school purposes under special laws, who is not the holder of a law- 
ful certificate of qualification,, or permit to teach; provided, further, 
that no certificate or permit to teach in the schools of the state 
:shall be granted to any person not a citizen of the United States, 
unless such person has resided in the United States for one year last 
prior to the time of such application for certificate or permit. Any 
contract made in violation of this section shall be void. 

§ 743. Fee for certificate. Each applicant for a county 
certificate shall pay one dollar to the county superintendent, which 
shall be used by him in support of teachers' institutes in the county, 
or in the support of teachers' training schools. 



STATE OF NORTH DAKOTA. 5t 

§ 744. Certificates, when revocable. The county superin- 
tendent is autliorized and required to revoke and annul at any time 
a certificate granted by him or his predecessor for any cause which 
would have authorized or required him to refuse to grant it if 
known at the time it was granted, and for incompetency, immoral- 
ity, intemperance, cruelty, crime against the law of the state, re- 
fusal to perform his duty, or general neglect of the business of the 
school. The revocation of the certificate shall terminate the em- 
ployment of such teachfer in the school where he may be at the time 
employed, but such teacher must be paid up to the time of receiv- 
ing notice of such revocation. The superintendent must immediately 
notify the clerk of the school district where such teacher is em- 
ploj'ed and he may notify the teacher through the clerk of such re- 
vocation, and must enter his action in such case in the books of 
record in his office. 

§ 745. Proceedings to revoke. Teachers allo"wed defense. 
In proceedings to revoke a certificate the county superintendent 
may act upon his personal knowledge or upon competent evidence 
obtained from others. In the latter case, action shall be taken only 
after a fair hearing, and the teacher must be notified of the charge 
and given an opportunity to make a defense at sucli time and place 
as may be stated in such notice. Upon his own knowledge the sup- 
erintendent may act immediately without notice, after an oppor- 
tunity has been afforded such teacher for personal explanation. 
When any certificate is revoked the teacher shall return it to the 
superintendent, but if such teacher refuses or neglects so to do the 
superintendent may issue notice of such revocation by publication 
in some newspaper printed in the county. 

Article 12. — Duties of Teachers. 

§ 746. Give notice of opening and closing school. Each 
teacher on commencing a term of school shall give written notice to 
the county superintendent of the time and place of beginning such 
school and the time when it will probably close. If such school is 
to be suspended for one week or more in such term, the teacher 
shall notify the county superintendent of such suspension. 

§ 747. When teacher not entitled to compensation. No 
teacher shall be entitled to or receive any compensation for the 
time he teaches in any public school without a certificate valid and 
in force for such time in the county where such school is taught, 
except that if a teacher's certificate shall expire by its own limita- 
tion within six weeks of the close of the term, such teacher may 
finish such term without re-examination or renewal of such certifi- 
cate. 

§ 748. Teacher's register, what to contain. Each teacher 
shall keep a school register, aud at the close of each term make a 
report, containing the number of visits of the county superintend- 
ent, and such items and in such form as shall be required. Such 



52 GENERAL SCHOOL LAWS, 

report shall be made in duplicate, both copies of which shall be sent 
to the county superintendent, who, if he finds such report to be cor- 
rect, shall immediately return one copy to the district clerk, same 
to be filed with him. No teacher shall be paid the last .month's 
wages in any term until such report shall have been approved by 
the county superintendent and one copy returned to the district 
clerk. 

§ 749. School year and school week defined. Holidays. 
The school year shall begin on the first day of July and close on 
the thirtieth day of June of each year. A school week shall consist 
of five days and a school month of twenty days. No school shall be 
taught on a legal holiday nor on any Saturday. A legal holiday in 
term time falling upon a day which otherwise would be a school 
day shall be counted and the teacher shall be paid therefor, but no 
teacher shall be paid for Saturday, nor be permitted to teach on 
Saturday, to make up for the loss of a day in the term, 

§ 750. Branches to be taught in all schools. Each teacher 
in the common schools shall teach pupils when they are sufficiently 
advanced to pursue the same, the following branches: Orthography, 
reading, spelling, writing, arithmetic, language lessons, English 
grammar, geography. United States history, civil government, phy- 
siology and hygiene, giving special instruction concerning the na- 
ture of alcoholic drinks, stimulants and narcotics, and their effect 
upon the human system ; physiology and hygiene and the nature of 
alcoholic drinks, stimulants and narcotics, and their effect upon the 
human system shall be taught as thoroughly as any branch is taught 
by the use of a text book to all pupils able to use a text book who 
have not thoroughly studied that branch and orally to all other 
pupils. When such oral instruction is given as herein required, a 
sufficient time, not less than fifteen minutes, shall be given to such 
oral instruction for at least four days in each school week. Each 
teacher in special school districts and in cities organized for school 
purposes under special law shall conform to and be governed by 
the provisions of this section. 

§ 75 1. Teachers' institutes and teachers' training schools, 
how noticed. Penalty for failure to attend. When a teachers' 
institute or teachers' training school is appointed to be held in or 
for any county it shall be the duty of the county superintendent 
to give written or printed notice thereof to each teacher in the pub- 
lic schools of the county, and as far as possible to all others not 
then engaged in teaching, who are holders of teachers' certificates, 
at least ten days before the opening of such institute or teachers' 
training school of the time and place of holding it. Each teacher 
receiving such notice, engaged in teaching a term of school which 
includes wholly or in part the time of holding such institute or 
teachers' training school, shall close school and attend the same and 
shall be paid by the school board of the district his regular wages 
as teacher for the time he attended such institute or teachers' train- 



STATE OF NORTH DAKOTA. 53 

ing school, as certified by tlie county superintendent, but no teacher 
shall receive pay unless he has attended four consecutive days, nor 
shall any teacher receive pay for more than five days. The county 
superintendent may revoke the certificate of any teacher in his 
count}^ for inexcusable neglect Oi' refusal, after due notice, to attend 
a teachers' institute or teachers' training school held for such 
county. The provisions of this section shall not apply to high 
school teachers, nor to teachers in cities organized for school pur- 
poses under a special law, nor to teachers in cities organized as in- 
dependent districts under the provisions of this chapter. 

§ 752. Pupil may be suspended for cause. A teacher may 
suspend from school for not more than five days an}^ pupil for in- 
subordination or habitual disobedience, or disorderly conduct. In 
such case the teacher shall give immediate notice to the parent or 
guardian of such pupil, also to some member of the district school 
board of such suspension and the reason therefor. 

§ 753. Assignment of studies to pupils. It shall be the 
duty of the teacher to assign to each pupil such studies as he is 
qualified to pursue, and to place him in the proper class in any 
studies subject to the provisions in section 750; provided, that in a 
graded school under the charge of a principal or local superintend- 
ent, such principal or superintendent shall perform this duty. In 
case any parent or guardian is dissatisfied with such assignment or 
classification, the matter shall be referred to and decided by the 
county superintendent. 

§ 754. Bible not sectarian book, reading optional -with 
pupil. The Bible shall not be deemed a sectarian book. It shall 
not be excluded from any public school. It may at the option of 
the teacher be read in school without sectarian oorament, not to 
exceed ten minutes daily. No pupil shall be required to read it nor 
be present in the school room during the reading thereof contrary 
to the wishes of his parents or guardian or other person having him 
in charge. Moral instruction tending to impress upon the minds of 
pupils the importance of truthfulness, temperance, purity, public 
spirit, patriotism, and respect for honest labor, obedience to parents 
and due deference for old age, shall be given by each teacher in the 
public schools. 

§ 754<'7. Physical education. Physical education, which shall 
aim to develop and discipline the body and promote health through 
systematic exercise, shall be included in the branches of study re- 
quired by law to be taught in the common schools, and shall be 
introduced and taught as a regular branch, to all pupils in all de- 
partments of the public schools of the state, and in all educational 
institutions supported wholly or in part by money from the state. 
It shall be the duty of all boards of education and boards of educa- 
tional institutions, receiving money from the state, to make provis- 
ion for daily instruction in all the schools and institutions under 
their respective jurisdiction, and to adopt such method or methods 



54 GENERAL SCHOOL LAWS. 

as will adapt progressive physical exercise to tlie development, 
health and discipline of the pupils in the various grades and classes 
of schools and institutions receiving aid from the state. 

Article 13. — Institutes, Associations and Reading Circle. 

§ 755. Teachers' county institute fund. All money re- 
ceived by the county superintendent from examination fees for the 
county institute fund, and all money paid into this fund from the 
county general revenue fund, shall be used by him to aid in the sup- 
port of teachers' institutes or teachers' training schools, to be held 
w^ithin or for the county and to pay necessary expenses incurred 
therein. The county superintendent shall present an itemized 
statement, duly verified, to the county auditor for the amount of all 
such necessary expenses and the auditor shall issue a warrant 
therefor as provided by law. Tlie county superintendent shall, at 
the end of each year, submit a full and accurate statement of the 
receipts and expenditures of these funds, under oath, to the super- 
intendent of public instruction. 

§ 756. Appropriation for institute fund. Designation of 
conductors. There is hereby appropriated out of any funds in the 
state treasury, not otherwise appropriated, the sum of fifty dollars 
each year to each organized county in the state in which there are 
ten or more resident teachers, which shall be designated as the .state 
institute fund and which shall be used exclusively in employing 
})ersons of learning, ability and experience ,as conductors of teach- 
ers' institutes, and the further sum of ten cents a mile for the dis- 
tance actually and necessarily traveled by a lecturer for such insti- 
tute. The superintendent of public instruction after consultation 
with the countj^ (superintendents as to the special needs and wants 
of their respective counties, shall appoint the time, place and dura- 
tion of these institutes and shall designate the persons to act as 
conductors of and lecturers at such institutes, as in his judgment 
the needs of the various counties demand. 

§ 757. Institute funds, how paid out. It shall be the duty 
of the county superintendent in all cases to consult with the super- 
intendent of public instruction in reference to the management of 
such institute or teachers' training 'school, and he shall carry out 
the suggestions of such superintendent as to the modes of instruc- 
tion. No salary shall be paid to any conductor or instructor not 
previously appointed or employed as herein provided. The money 
hereby appropriated from the state treasury for the support of 
teachers' institutes or teachers' training schools shall be paid to the 
persons to whom it is due by warrant of the state auditor upon the 
state treasurer, which shall be issued upon the presentation of an 
account in due form receipted by the person to whom due and ap- 
proved by the superintendent of public instruction; provided, that 
no county shall receive more than ten dollars from such appropria- 
tion for the payment of conductor's salary for each day its insti- 



STATE OF NORTH DAKOTA. 55 



tute is in session; provided, that the state and county institute 
funds specified by sections 756 and 755, and the appropriation speci- 
fied by section 758 of one or more counties may be applied to the 
support of a teachers' training school for such county or counties at 
the request of the county superintendent for such county or coun- 
ties, with the consent and under the direction of the superintendent 
of public instruction; provided, further, that in aoy county 
where a teachers' training school of not less than three weeks' dura- 
tion is held, the conductor of such training school shall file a certi- 
fied statement with the county auditor specifying time and place of 
such teachers' training school, and also certifying the total number 
of schools in said county as reckoned in determining the county sup- 
erintendent's salary. The count}- auditor shall file a copy of said 
statement with the county treasurer who shall, thereupon, trans- 
fer from the county general revenue fund to the county institute 
fund, the sum of two dollars for each, school in the county, as per 
certified statement filed with the county auditor. 

§ 758. County commissioners may aid institutes. The 
money assigned for any particular institute may be added to any 
fund furnished for the purpose by any county, and the institute ex- 
tended as long as the entire fund will allow. If a sufiicient county 
fund is not otherwise provided, the board of county commissioners 
may appropriate not more than fifty dollars in any county each 
year in aid of institutes. The superintendent of public instruction 
may require a statement of the amount of funds the county has on 
hand for this jjurpose at any time. 

Article 14.- — Compulsory Attendance. 

§ 759. School age. Who exempt from compulsory at- 
tendance. Every parent, guardian or other person having control of 
an}' child between eight and fourteen years of age, shall be required 
to send such child to a public school in the district, city or village in 
which he resides at least twelve weeks in each school year, six 
weeks of which shall be consecutive; and every parent, guardian or 
other person, having control of any deaf child or youth between 
seven and twenty-one years of age, shall be required to send such 
child to the school for the deaf at the city of Devils Lake, for at 
least eight months in each school year; provided, that such parent, 
guardian or other person having control of any child shall be ex- 
cused from such duty by the school board of the district or the 
board of education of the city or village, whenever it shall be shown 
to their satisfaction, subject to appeal as provided by law, that one 
of the following reasons therefor exists: 

1. That such child is taught for the same length of time in a 
private school, approved by such board; but no school shall be ap- 
proved by such board uniess the branches usually taught in the 
public schools are taught in such school. 

2. That such child has already acquired the branches of learning 
taught m the public schools. 



56 GBNEiRAL SCHOOL DAWS, 

3. That such child is in such a physical or mental condition (as 
declared by the county physician if required by the board), as to 
render such attendance inexpedient or impracticable. If no school 
is taught the requisite length of time within two and one-half miles 
of the residence of such child by the nearest route, such attendance 
will not be enforced but this provision shall not apply to deaf 
children in the state. The common schools provided for in this 
chapter shall be at all times equally free, open and accessible to all 
children over six and under twenty years of age, residents of the 
school districts where they are held, or entitled to attend school 
under any special provisions of this chapter, subject to the regula- 
tions herein made and to such regulations as the several school 
boards and boards of education may prescribe equitably and justly 
and not in conflict with the provisions of law. 

§ 760. Penalty. Any such parent, guardian or other person 
failing to comply with the j^equirements of the foregoing section, 
shall upon conviction thereof be deemed guiltj^ of a misdemeanor, 
and shall be fined in a sum not less than five nor more than twenty 
dollars for the first offense and not less than ten dollars nor more 
than fifty dollars for the second and every subsequent offense with 
costs in each case. 

§ 761. Prosecution for neglecting this duty. It shall be 
the duty of the president of the board of education of any city, 
town or village, or the president of the school board of any dis- 
trict, to inquire into all cases of neglect of the duty prescribed in 
this article and ascertain from the person neglecting to perform 
such duty, the reason therefor, if any, and shall forthwith proceed 
to secure the prosecution of any offense occurring under this article, 
and any such president neglecting to secure such prosecution for 
such offense within fifteen days after a written notice has been 
served by any taxpayer in such city, town, village or district, or by 
the county superintendent in such county, unless such person so 
complained of shall be excused by the board of education or school 
board for one of the reasons hereinbefore stated, he shall be deemed 
guilty of a misdemeanor, and upon conviction shall be fined in a 
sum not less than five nor more than twenty dollars. 

§ 762. Child labor prohibited during school hours. No 
child between eight and fourteen years of age shall be employed in 
any mine, factory or workshop or mercantile establishment, or, ex- 
cept by his parents or guardian, in any other manner, during the 
hours when the public schools in the city, village or district are in 
session, unless the person employing him shall first procure a certi- 
ficate from the superintendent of schools of the city or village, if 
one is employed, otherwise from the clerk of the school board or 
board of education, stating that such child has attended school for 
the period of twelve weeks during the year, as required by law, or 
has been excused from attendance as provided in section 759; and 
it shall be the duty of such superintendent or clerk to furnish such 



STATE OF XOETH DAKOTA. 57 



■certificate upon application of the parent, guardian or other per- 
sons having control of such child, entitled to the same. 

§ 763. Penalty for violation. Each owner, superintendent or 
overseer of any mine, factory, workshop or mercantile establish- 
ment, and any other person who shall employ any child between 
•eight and fourteen years of age contrary to the provisions of this 
article, is guilty of a misdemeanor, and upon conviction thereof 
shall be fined for each offense in a sum not less than twenty nor 
more than fifty dollars and costs. Each person authorized to sign 
a certificate as prescribed in the preceding section, who certifies to 
any materially false statement therein, shall be fined not less than 
twenty nor more than fifty dollars and costs. 

§ 764. Prosecutions, how brought. Prosecutions under this 
article shall be brought in the name of the state or North Dakota 
before any court of competent jurisdiction, and the fines collected 
shall be paid over to the county treasurer and by him credited to the 
general school fund of the state. 

Article 15. — Fines, Forfeitures and Penalties. 

§ 765. Penalty for neglect of duty by school director, 
treasurer or clerk. Each i^erson duly elected to the office of direc- 
tor, treasurer or clerk of any district, who, having entered upon the 
duties of his office, shall neglect or refuse to perform any duties 
required of him by the provisions of this chapter shall upon convic- 
tion be fined in the sum of ten dollars, and his office shall be deemed 
vacant. 

§ 766. Penalty for false election returns. Any judge or 
clerk of election, school district clerk or county auditor who will- 
fully violates the provisions of this chapter in relation to elections 
or who willfully makes a false return shall upon conviction be 
deemed guilty of a felony. 

§ 767. Speculation in ofl&ce prohibited. No school officer 
•shall personally engage in the purchase of any school bonds or war- 
rants, nor shall any such officer be personally interested in any con- 
tract requiring the expenditure of school funds, except for the pur- 
chase of fuel and such supplies as are in daily use, but not includ- 
ing furniture, or the expenditure of funds approj)riated by the state, 
county, school corporation or otherwise for any school [)urpose con- 
nected with his office. Any violation of this section shall be a 
misdemeanor. 

§ 768. Penalty for unlawful draw^ing of school money. 
Any person who draws money from the county treasury', who is not 
at the time a duly qualified treasurer of the school corporation for 
which he draws the money and authorized to act as such, shall be 
guilty of a misdemeanor and shall upon conviction thereof be pun- 
ished by a fine of not less than twenty-five dollars. 

§ 769. Use of school funds. When embezzlement. Each 
treasurer who shall loan any portion of the money in his hands be- 



58 GENERAL SCHOOL LAWS, 

longing to any school district, whether for consideration or not, or 
who shall expend any portion thereof for his own or any other per- 
son's private use, is guilty of embezzlement, and no such treasurer 
shall pay over or deliver the school money in his hands to any officer 
or person or to any committee to be expended by him or them; but 
all public funds shall be paid out only by the proper treasurer as 
hereinbefore provided. 

§ 770. Action to recover money when treasurer fails to 
pay over. If any person shall refuse or neglect to pay over any 
money in his hands as treasurer of a school district to his succes- 
sor in office his successor must, without delay, bring action upon 
the official bond of such treasurer for the recovery of such money. 

§ 771. Penalty, when indorsement of unpaid w^arrants 
is not made. Any violation by a district treasurer of the provisions 
of this chapter requiring indorsement of warrants not paid for want 
of funds, and the payment thereof in the order of presentation and 
indorsement, is a misdemeanor punishable by a line not exceeding 
one hundred dollars. 

§ 772. Penalty for false reports. Each clerk or treasurer 
of a district who willfully signs or transmits a false report to the 
county superintendent or willfully signs, issues or publishes a false 
statement of facts purporting or appearing to be based upon the 
books, accounts or records, or of the affairs, resources and credit 
of the district shall upon conviction be punished by a fine not ex- 
ceeding fifty dollars or by imprisonment in the county jail not ex- 
ceeding fifteen days. 

§ 773. Penalty for willful disturbance of public schooL 
Each person, whether pupil or not, who willfully molests or dis- 
turbs a public school when in session or who willfully interferes 
with or interrupts the proper order or management of a public 
school by act of violence, boisterous conduct or threatening lan- 
guage, so as to prevent the teacher or any pupil from performing his^ 
duty, or who shall in the presence of the school or school children 
upbraid, insult or threaten the teacher shall upon conviction thereof 
be punished by a fine not exceeding twenty-five dollars or by im- 
prisonment in the county jail for a period not exceeding ten days, 
or by both. 

§ 774. Proposals for contracts. No contract, except for 
teachers' or janitors' wages, involving the expenditure of school 
funds or money appropriated for any purpose relating to the educa- 
tional system of this state or any county, district or school corpo- 
ration therein, when the amount exceeds one hundred dollars, shall 
be let until proposals are advertised for, and after such advertise- 
ment, only to the lowest responsible bidder. Any violation of this 
section shall be a misdemeanor. 

Article 16. — Bonds. 

§ 775. School bonds, how issued. Whenever a duly con- 



STATE OF NORTH DAKOTA. 



stitiited school district, including independent school districts, in 
any organized county in the state at any regular or special meeting 
held for that purpose, shall determine by a majority vote of all the 
qualified voters of such school district present at each meeting and 
voting, to issue school district bonds for the purpose of building 
and furnishing a school house and purchasing grounds on which to- 
locate the same, or to fund any outstanding indebtedness, or for 
the purpose of taking up any outstanding bonds, the district schooH 
board may lawfully issue such bonds in accordance with the pro- 
visions of this article. 

§ 776. Notice of election to vote bonds. Before the ciues- 
tion of issuing bonds shall be submitted to a vote of the school 
district, notices shall be posted in at least three public and conspic- 
uous places in such district, stating the time and place of such 
meeting, the amount of bonds proposed to be issued and the time 
in which they shall be made payable. Such notices shall be posted', 
at least twenty days before the meeting, and the voting shall be- 
done by means of written or printed ballots, and all ballots de- 
posited in favor of issuing bonds shall have thereon the words "for 
issuing bonds," and those opposed thereto shall have thereon the- 
words "against issuing bonds," and if a majority of all the votes- 
cast shall be in favor of issuing bonds the school board, through it* 
proper oflScers shall forthwith issue bonds in accordance with such- 
vote; but if a majority of all votes cast are against issuing bonds- 
then no further action can be had and the question shall not be-^ 
again submitted to a vote for one year thereafter, except for a dif- 
ferent amount; provided, that the question of issuing bonds shall 
not be submitted to a vote of the district and no meeting shall be- 
called for that purpose until the district school board shall have- 
been petitioned in writing by at least one-third of the voters of the-^ 
district. 

§ 777. Bonds, denomination of. Interest. Limit of issue„ 
The denomination of the bonds which may be issued under the 
provisions of this article shall be fifty dollars or some multiple of 
fifty, not exceeding five hundred dollars, and shall bear interest at 
the rate of not exceeding seven per cent per annum, payable, semi- 
annually on the first day of January and July in each year, in ac- 
cordance with interest coupons which shall be attached to such- 
bonds; and no greater amount than one thousand dollars can be 
issued for any one school house except in towns and villages of more 
than two hundred inhabitants, and in such districts the amount, 
including all other indebtedness, shall not exceed five per cent of its 
assessed valuation, and may be made payable in not less than ten, 
nor more than twenty years from their date. 

§778. Bonds, record of to be kept. Whenever any bonds are 
issued under the provisions of this chapter they shall be litho- 
graphed or printed on bond paper and shall state upon their face 
the date of their issue, the amount of the bonds to whom and for- 



4)0 GENERAL SCHOOL LAWS, 

what purpose issued, also the time and place of payment and the 
rate of interest to be paid. Thej^ shall have printed upon the mar- 
,:gin the words "Authorized by article 16 of chapter 9 of the political 
"Code of North Dakota of 1899." Immediately after the issuing of 
school bonds pursuant to this chapter the clerk of the school dis- 
trict so issuing its bonds shall file with the county auditor of the 
■county in which such district is situated, certified copies of all the 
proceedings had in such district relative to the issuing of such 
-bonds and also a statement of theamount of the indebtedness of such 
school district; and before any of the bonds are disi)osed of they 
«hall be presented to the county auditor of the county in which the 
school district issuing the same is situated. He shall carefully ex- 
amine the records of the proceedings of such school district upon 
the question of issuing such bonds as the same are filed with him as 
hereinbefore directed, and shall satisfy himself by the evidence thus 
furnished whether or not all the laws of the state relative to the is- 
;suing of such bonds have been complied with. If satisfied that 
they have been and that the bonds in question have been legally is- 
<-sued, he shall in a book kept for such purpose preserve a register of 
-«each bond showing in separate columns the name of the school dis- 
trict issuing the bonds, the number of such bonds, the denomina- 
tion thereof, the date of their issue, the date when they will mature, 
"the names of the school officers executing the same and such other 
■facts as may be pertinent, and he shall then indorse on each of such 
bonds the following certificate: 
State of North Dakota, 



•Oounty o£. ^ 

I, , county auditor, do hereby certify that the within 

bond is issued pursuant to law and is within the debt limit pre- 
scribed by the constitution of the state of North Dakota, and in ac- 
cordance with the vote of school district, at a 

(regular or special) meeting held on the day 

'Of , A. D. 189 . . , to issue bonds to the amount of 

<lollars, and is a legal and valid debt of such school district; that 
fsuch bonds are duly registered in this ofiice and that such school 
district is legally organized and the signatures aifixed to such 
■bonds are the genuine signatures of the proper officers of such 
;school district. 

The blanks shall be filled according to the facts and the cer- 
tificate officially signed by the county auditor and attested by his 
■official seal. Such bonds shall be signed by the president and clerk 
of the school board and shall be registered in a book to be kept by 
the clerk for that purpose in which shall be entered the number, 
date and name of the person to whom issued and the date when the 
.'Same will become due. 

§ 779. Sinking- fund and interest tax. In addition to the 
vamount that may already be assessed under existing laws, there 
.shall be levied upon the taxable property of the school district so is- 



STATE OF NORTH DAKOTA. 51. 

suing bonds at or before their issuance, and collected as other taxes- 
are colle(^ted, a sum suthcient, not exceeding five mills on the dollar 
of assessed valuation of such districts, to pay interest upon such 
bonded indebtedness, and after five j-ears in like manner a further 
tax not exceeding two mills on the dollar for a sinking fund to be 
used in payment of such bonds when they become due and for no 
other purpose, except that whenever there are sufficient funds on 
hand, belonging to such sinking fund, the school board may, in its 
discretion, purchase any of the outstanding bonds at their market 
value and pay for the same out of such sinking fund; provided, 
that the school district board may designate one or more national 
or state banks in its county for a depository for such sinking fund, 
and in such case the school board shall advertise for at least two 
weeks in some newspaper printed in the county for sealed pro- 
posals for the deposit of the sinking fund of such school district, 
reserving the right to reject any and all bids, and satisfying itself 
of the responsibility of all banks proposing to act as depositories. 
Before any bank shall be designated as such depository, it shall 
present to the school board a sealed proposal stating in w'riting 
what rate of interest will be paid for the deposit of such sinking 
fund, and shall submit to the board for its approval, a bond payable 
to the school district conditioned for the safe keeping and repay- 
ment of any funds deposited in such bank, which bond shall be 
signed by not less than three freeholders of the county as sureties, 
such bond to be in the sum required by the school board, but in no 
case less than double the probable amount of funds to be deposited 
in such bank. The approval of such bond shall be indorsed thereon 
by the board and deposited with the county auditor, and any bank 
whose bond shall have been so approved shall thereupon be desig- 
nated by the school board as a depository for the sinking fund, and 
shall continue as such, until such time as the board shall readvertise 
for bids as aforesaid, or until such funds are needed for the pay- 
ment or purchase of bonds as provided in this section. When the 
sinking fund of any school district is deposited by the school treas- 
urer in the name of the school district in such depository, such 
treasurer and his sureties shall be exempt from all liability thereon 
by reason of loss of any such funds from the failure, bankruptcy or 
any other act of any such bank, to the extent only of such funds 
in the hands of such bank or banks at the time of such failure or 
bankruptcy. Such depository shall furnish to the school district 
clerk prior to the fifth day of July of each year, a verified statement 
of the school district's account with such depository for the year 
ending June thirtieth, which statement shall show a credit to such 
deposit account of all sums of interest accruing on the sinking fund 
deposited. 

§ 780. Bonds, how negotiated. When any bonds shall be 
issued under the provisions of this article, the school district treas- 
urer shall have authority to negotiate and sell such bonds for not 



62 GENERAL SCHOOL LAWS, 

less than par, and the said school district treasurer shall apply the 
proceeds arising from the sale of such bonds only for the purpose 
of building and furnishing a school house and purchasing grounds 
-on which the said school house shall be located, or to fund any out- 
standing indebtedness, or for the purpose of taking up any out- 
standing bonds, as provided by section 775 of this article. 

§ 781. County auditor may levy tax to pay bonds, •when. 
When any school board neglects or refuses to levy a tax in accord- 
ance with law to meet outstanding bonds or the interest thereon, 
the county auditor shall have power to levy such tax and when col- 
lected to apply the proceeds to the payment of such coupons and 
bonds. 

§ 782. Canceled bonds, record of. When the bonds of any 
school district shall have been paid by the school board they shall 
be canceled by writing or printing in red ink the words "canceled 
and paid" across each bond and coupon, and the date of paymeat 
and amount paid shall be entered in the clerk's register against the 
proper number of the bonds, and the bonds so canceled shall be filed 
in the office of the district treasurer until all the outstanding bonds 
are paid, when they shall be destroyed in the presence of the full 
board. 

§ 783. Proposals for building school houses. When any 
school house is built with funds provided for in the manner herein 
authorized, the school board shall advertise at least thirty days in 
some newspaper printed in the county, or by posting notices for the 
same length of time in at least three of the most public and consjiic- 
uous places, if no newspaper is published in the county, for sealed 
proposals for building and furnishing such school house in accord- 
ance with plans and specifications furnished by the school board, 
reserving the right to reject any and all bids, and if any of the pro- 
posals shall be reasonable and satisfactory such board shall award 
the contract to the lowest responsible bidder and shall require of 
such contractor a bond in double the amount of the contract, con- 
ditioned that he will properly account for all money and property 
of the school district that may come into his hands and that he will 
perform the conditions of his contract in a faithful manner and in 
accordance with its provisions ; and in case all the proposals are re- 
jected, such board shall advertise anew in the same manner as be- 
fore until a reasonable bid shall be submitted. 

§ 784. Provisions of this article, how applicable. The 
provisions of this article shall be applicable to and authorize the is- 
suance of bonds by such school districts as have already built 
school houses and issued orders or warrants therefor and any such 
school district may vote to bond the indebtedness incurred by rea- 
son of building and furnishing a school house and purchasing a site 
for the same and bonds may be issued in the same manner as here- 
inbefore provided for building and furnishing school houses. 



STATE OF NORTH DAKOTA. 63 

Article 17. — Special Districts. 

§ 785. Cities governed by the provisions of this article. 

All cities and incorporated towns and villages which have here- 
tofore been organized under the general school laws, and which 
me provided with a board of education, shall be governed b}^ the 
provisions of this article. Any city or incorporated town or vil- 
lage having a population of over two hundred inhabitants may be 
constituted a special school district in the manner hereinafter pre- 
scribed, and shall then be governed by the provisions of this ar- 
ticle; provided, that any city heretofore organized for school pur- 
poses under a special act, may adopt the provisions of this article, 
by a majority vote of the voters therein, in the same manner as is 
provided for the organization of a new corporation under the pro- 
visions of this article. 

§ 786. Adjacent territory, how attached for school 
purposes. When any city, town or village has been organized 
for school purposes and provided with a board of education under 
any general school law, or a special act, or under the provisions of 
this article, territory outside the limits thereof but adjacent thereto, 
may be attached to such city, town or village for school purposes 
by the board of education thereof upon application in writing 
signed by a majority of the voters of such adjacent territory; and 
upon such application being made, if such board shall deem it 
proper and to be the best interests of the school of such corpora- 
tion and of the territory to be attached, an order shall be issued 
by such board attaching such adjacent territory to such corpora- 
tion for school purposes, and the same shall be entered upon the 
records of the board. Such territory shall from the date of such 
order be and compose a part of such corporation for school purposes 
only; such adjacent territory shall be attached for voting purposes 
to such corporation, or if the election is held in wards, to the Avard 
or wards or election precinct or precincts, to which it lies adjacent; 
and the voters thereof shall vote only for school officers and upon 
school questions; provided, the county commissioners may detach 
such adjacent territory from any special district and attach to any 
adjacent school or special district or districts upon petition to do 
so, signed by three-fourths of the legal v'oters of such adjacent ter- 
ritory, and all assets and liabilities shall be equalized according to 
section 731. 

§ 787. Name of body corporate. Every such district shall 
be a body corporate for school purposes by the nauie of "The board 
of education of the city, town or village (as the case may be) of 
(here insert the corporate name of the city, town or vil- 
lage) of the state of North Dakota," and shall possess all the powers 
and duties usual to corporations for public purposes or conferred 
upon it by this article or which may hereafter be conferred upon it 
by law; and in such name it may sue and be sued, contract and be 
contracted with, and hold and convey such real and personal prop- 



64 GENERAL SCHOOL LAWS, 

erty as shall come into its possession by will or otherwise; and it 
shall procure and keep a corporate seal by which its official acts- 
may be attested. 

§ 788. Conveyance of school property, ho"w executed. 
Any such city or incorporated town or village is authorized and re- 
quired, upon the request of the board of education, to convey to 
such board of education all property within the limits of any such 
corporation heretofore purchased by it for school purposes and now 
held and used for such purposes, the title to which is vested in any 
such civil corporation. All conveyances for such property shall be 
signed by the mayor or president of the board of trustees and at- 
tested by the clerk of such corporation, and shall have the seal of 
the corporation affixed thereto and be acknowledged by the mayor 
or president in the same manner as other conveyances of real estate^ 

§ 789. Special school districts, how organized. When 
a petition signed by one-third of the voters of a city, incorporated 
town or village or a school district, in which is located a city or in- 
corporated town or village entitled to vote at such election, is pre- 
sented to the council or trustees of such city, incorporated town or 
village or school district, asking that such city, incorporated town 
or village or school district be organized as a special school dis- 
trict, such council or board of trustees shall within ten days order 
an election for such purpose, notice of which shall be given, and the 
election conducted and the returns made in the manner provided 
by law for the annual school election; and the voters of such city, 
incorporated town -or village or school district shall vote for or 
against organization as a special school district at such election. 

§ 790. Election of board of education. If a majority of 
the votes cast at such election is for organization as a special school 
district, another election shall be called in the same manner as is 
prescribed in the foregoing section, at which the voters of such city^ 
incorporated town or village or school district shall elect five mem- 
bers of the board of education, two of whom shall serve until the 
first annual election, two until the second annual election, and one 
until the third annual election thereafter, and until their successors- 
are elected and qualified, and their respective terms shall be deter- 
mined by lot. 

§ 791. Terms of oJBBce. Quorum. The board of education 
of each special district shall consist of five members who shall be 
elected by the legal voters thereof and who shall hold their office 
for the term of three years and until their successors are elected 
and qualified, except as provided for first elections under this arti- 
cle, and three members shall constitute a quorum for the trans- 
action of business at any legal meeting. 

§ 792. Members not to be interested in school contracts^ 
The members of such board shall receive no compensation, and shall 
not be interested, directly or indirectly, in any contract for making 
any improvements or repairs or for erecting any buiMing or for 
furnishing any material or supplies for their district. 



STATE OP NORTH DAKOTA. 65 

§ 793. Annual and special meetings of board. The 

annual meeting of such board of education shall be held on the 
second Tuesday in eTuly following the annual election, at which time 
the newly elected members shall assume the duties of their office. 
Each board shall meet for the transaction of business as often as 
once in each calendar month thereafter and may adjourn for a 
shorter time. Special meetings may be called by the president or 
in his absence by any two members of the board by giving a per- 
sonal notice to each member of the board or by causing a written 
or printed notice to be left at his last place of residence at least 
forty-eight hours before the time of such meeting. 

§ 794. Organization of board. At the annual meeting on 
the second Tuesday in July of each year such board of education 
shall organize by electing a president from among its members who 
shall serve for one year; and they shall also elect a clerk, not one 
of their own number, who shall hold his office during the pleasure of 
the board and receive such compensation for his services as shall 
be fixed by the board. In the absence of the president at any meet- 
ing, a president pro tempore may be elected by the board. 

§ 795. Duties of president. The president shall preside at all 
meetings of the board, appoint all committees whose appointment is 
not otherwise provided for and sign all warrants ordered by the 
board to be drawn upon the treasurer for school moneys and per- 
form other acts required by law. 

§796. Duties of clerk. Records. The clerk shall keep a true 
record of all the proceedings of the board, take charge of its books 
and documents, countersign all warrants for school moneys drawn 
upon the treasurer by order of the board and affix the corporate seal 
thereto and perform such other duties as the board may require. 
The records, books, A'ouchers and papers of the board shall be open 
to examination by any taxpayer of the district. Such record or a 
transcript thereof certified by the clerk and attested by the seal of 
the board, shall be received in all courts as prima facie evidence of 
the facts therein set forth. 

§ 797. Powers and duties of board. Each board of educa- 
tion shall have power and it shall be its duty: 

1. To establish a system of graded common schools, which shall 
be free to all children of legal school age, residing within such 
special district, and shall be kept open not less than six nor more 
than ten months in any year. 

2. To establish and maintain such schools in its city, town or 
village as it shall deem requisite or expedient and to change or dis- 
continue the same. 

3. To establish and maintain a high school, whenever in its 
opinion the educational interests of the corporation demand the 
same, in which such courses of study shall be pursued as shall be 
prescribed or approved by the superintendent of public instruction, 
together with such additional courses as such board of education 
may thereafter deem advisable to establish. 



66 GBNEiRAL SOHOOiL LAWS, 

4. To purchase, sell, exchange and hire school houses and rooms, 
lots or sites for school houses, and to fence and otherwise improve 
them as it deems proper. 

5. Upon such lots and upon such sites as may be owned by such 
special district to build, alter, enlarge, improve and repair school 
houses, outhouses and appurtenances as it may deem advisable. 

6. To purchase, sell, exchange, improve and repair school ap- 
paratus, text books for the use of the pupils, furniture and append- 
ages and to provide fuel for the schools. 

7. To have the custody of all school property of every kind and 
to see that the ordinances and by-laws of the city or village in rela- 
tion thereto are observed. 

8. To contract with, employ and pay all teachers in such schools 
and to dismiss and remove for cause any teacher whenever the in- 
terests of the school may require it; but any such teacher shall be 
required to hold a certificate to teach, issued by the county super- 
tendent or the superintendent of public instruction, and if any such 
teacher holds only a county certificate the board may impose such 
further requirements as the best interests of the several grades 
may require. No person who is a relative of any member of the 
board shall be employed as teacher without the concurrence of the 
entire board. 

9. To employ, should it deem expedient, a competent and dis- 
creet person as superintendent of schools and to fix and pay a proper 
compensation therefor, and such superintendent may be required to 
act as principal or teacher in such school. 

10. To defray the necessary and contingent expenses of the 
board, including the compensation of its clerk. 

11. To adopt, alter and repeal, whenever it may deem expedient, 
rules and regulations for organizing, grading, government and in- 
struction and the reception of pupils, their suspension and expul- 
sion and their transfer from one school to another. But no pupil 
«hall be suspended or expelled except for insubordination, habitual 
disobedience or disorderly conduct; such suspension shall not be for 
a longer period than ten days, nor such expulsion beyond the end 
of the current term of school. 

12. Each member shall visit, at least twice in each year, all the 
public schools in the city or village. 

13. To make a report on July first, or as soon thereafter as prac- 
ticable, of the progress, prosperity and condition, financial as well 
as educational, of all the schools under its charge, a copy of which, 
together with such further information as shall be required by the 
superintendent of public instruction, shall be forwarded to the 
county superintendent, the same as reports are made by other 
school districts ; and such report or such portion thereof as the board 
of education shall consider advantageous to the public, shall be 
published in a newspaper in the city or village, and in cities and vil- 
lages of over eight hundred inhabitants it may be published in 
pamphlet form. 



STATE OF NORTH DAKOTA. 67 

14. To admit children of persons not living in sucli special dis- 
trict into the schools of such district, and to fix and collect the tui- 
tion therefor, if in its judgment the best interests of the school will 
permit. 

15. To cause an enumeration of the children of school age within 
such special district, including those residing in any territory there- 
to attached for school purposes, to be made annually, as provided 
for other school districts, and return the same to the county super- 
intendent. 

§ 798. Treasurer, custodian of school moneys. All moneys 
from whatever source, which the board of education of any special 
district shall by law be authorized to receive, shall be paid over to 
the treasurer of such board and he shall charge the same to the 
proper fund. 

§ 799. Schools under supervision of whom. The schools 
of each special district shall be under the immediate supervision of 
the board of education or the school superintendent appointed by 
such board, subject to such general directions and supervision by 
the county superintendent as are provided for in this chapter, 

§ 800. Taxable property. The taxable property of the whole 
school corporation including the territory attached for school pur- 
poses, shall be subject to taxation. All taxes collected for the ben- 
efit of the school shall be paid in money, and shall be placed in the 
hands of the treasurer, subject to the order of the board of educa- 
tion. 

§ 801. Annual school tax. The board of education shall on 
or before the twentieth day of July of each year levy a tax for the 
support of the schools of the corporation, including any expendi- 
tures allowed by law, for the fiscal year next ensuing, not exceeding 
in any one year thirty mills on the dollar on all the real and per- 
sonal property within the district which is taxable according to the 
laws of this state, the amount of which levy the clerk of the board 
shall certify to the county auditor, who is authorized and required 
to place the same on the tax roll of such county to be collected by 
the county treasurer as other taxes and paid over by him to the 
treasurer of the board of education, of whom he shall take a receipt 
in duplicate, one of which he shall file in his office and the other he 
shall forthwith transmit to the clerk of the board of education. 

§ 802. Expenditures. Contracts. No expenditures involv- 
ing an amount greater than one hundred dollars shall be made ex- 
cept in accordance with the provisions of a written contract, and no 
contract involving an expenditure of more than five hundred dol- 
lars for the purpose of erecting any public buildings or making any 
improvements shall be made except upon sealed proposals and to 
the lowest responsible bidder, after public notice for ten days pre- 
vious to receiving such bids. 

§ 803. Treasurer. The treasurer of any city, town or village 
comprising a special district shall be treasurer of the board of edu- 
cation thereof. 



68 GENERAL SCHOOL LAWS, 

§ 804. Treasurer, duties of. The treasurer of eaoli board o£ 
education shall keep a true account of the receipts and expendi- 
tures of the various funds separately, and shall prepare and submit 
in writing a quarterly report of the state of the finances of the dis- 
trict and shall, when required, produce at any meeting of such 
board or any committee appointed for the purpose of examining his 
accounts, all books and papers pertaining to his office. He shall 
^afely keep in his possession or under his control all school moneys 
coming into his hands, and shall pay out such moneys only upon a 
warrant signed by the president, countersigned by the clerk and 
attested by the corporate seal of the board. 

§ 805. Treasurer's bond. The treasurer of the board shall 
execute a bond to such board, with sufficient sureties to be approved 
by the board, in such sum and as such board may from time to time 
require, as near as can be ascertained in double the amount of the 
moneys likely to come into his hands, conditioned for the faithful 
discharge of his duties as treasurer; which bond shall be in addition 
to his bond to the city, town or village. In case of the failure of 
the city, town or village treasurer to give such bond within ten days 
after being required so to do by such board of education, such treas- 
urer's office shall become vacant, and the council or board of trus- 
tees of such city, town or village shall appoint another person in 
his place, who shall give such additional bond. 

§ 806. Board assumes control after equalization of debts 
and property. When any board of education shall be organized 
under the provisions of this article, it shall, after the equalization 
hereinafter provided for, assume control of the schools of the city, 
town or village and shall be entitled to the possession of all prop- 
erty of the former district or districts or parts thereof lying within 
such city, town or village, for the use of schools. Such board shall 
also be entitled to its due proportion of all moneys on hand and 
taxes already levied but not collected, and shall be liable for a 
proper amount of the debts and liabilities of such former district, to 
be determined in the manner provided in this chapter for the equal- 
ization, determination and division of debts, property and assets of 
school districts consolidated or divided. 

§ 807. Special district may become part of general district, 
■when. Any special district organized under the general school laws 
and provided with a board of education may become a part of the 
school district in which it is located, whenever it is so decided by a 
majority vote of the school electors of the city, town or village and 
of such school district voting at an election called for that purpose. 
An election for such purpose shall be ordered and proper notice 
thereof given by the board of education and the school board of 
such district in the same manner as is required for the election of 
school officers in such district, when petitioned by one-third of the 
voters resident in such district, and when so united the determin- 
ation and division of the debts, property and assets shall be made 



STATE OF NORTH DAKOTA. 69 

by arbitration as provided in this chapter for school districts con- 
solidated or divided. Villages not incorporated but heretofore or- 
ganized under the general school laws and provided with a board 
of education shall become a part of the school district in which 
they are located and the determination and division of the prox)- 
erty, debts and assets shall be made by arbitration as aforesaid. 

§ 808. Election of boards of education in special districts. 
On the third Tuesday in June each year an election shall be held in 
each special district at wiiich such members of the board of edu- 
cation shall be elected at large as shall be necessary to fill all va- 
cancies therein caused by expiration of terms of office or otherwise, 
and each member elected shall serve for a term of three years com- 
mencing on the second Tuesdaj'^ in July following his election and 
until his successor is elected and qualified, except when elected to 
serve an unexpired term. The polls shall be open at 9 o'clock A. 
M. and kept open until 4 o'clock P. M. on the day of such election. 

§ 809. Notice of election, contents of. Such election shall 
be called by the board of education of such special district, which 
shall cause notice thereof to be posted or published as required by 
law for the annual election of civil officers in the city, town or vil- 
lage comprising such special district; such notice shall be signed 
by the clerk, or, in his absence, by the president of the board of 
education of such district, and shall state the time and place of 
holding such election and what officers are to be elected and their 
terms. 

§ 810. Notice of election, form of. Such notice shall be in 
substantially the following form : 

iNotice is hereby given, that on Tuesday the day of June 

A. D , an annual election will be held at (here insert 

polling place) for the purpose of electing the following members of 

the board of education (here insert terms for which they are 

to be elected), for the city, town or village of (here insert 

name) and the polls will be open at nine o'clock A. M. and closed at 
four o'clock P. M. of that day. 

By order of the board of education. 

Signed , 

Clerk. 

§811. Election precincts and officers of election. At least 
fifteen days prior to such election the board of education of each 
special district shall designate one polling place and appoint two 
persons to act as judges and two persons to act as clerks. Before 
opening the polls each of such judges and clerks shall take an oath 
that he will perform his duties as judge or clerk (as the case may 
be) according to law and to the best of his ability, which oath may 
be administered by any officer authorized to administer oaths or 
by either of said judges or clerks to the others. 

§ 812. Canvass of returns. Such election shall be conducted 
and the votes canvassed in the manner provided by law for elec- 



70 GENERAL SCHOOE LAWS, 

tions of county officers, and returns shall be made showing the 
number of votes cast for each person for any office, which shall be 
signed by the judges and clerks of election, and the person receiv- 
ing the highest number of votes for each office in the district shall 
be declared elected, and the returns shall be filed with the clerk of 
the board of education within two days thereafter. 

§ 813. Certificates of election. The clerk of the board shall 
give to each person elected at such election a certificate stating that 
he was duly elected as a member of the board of education and the 
time he is to take the oath and enter upon the duties of his office. 
Such clerk shall also certify as soon as possible to the county sup- 
erintendent of schools the persons so elected and their terms. 

§ 8 14. Vacancies, how filled. The board of education of each 
city, town and village shall have power to appoint a person to fill 
any vacancy which may occur in the board; and such appointee 
shall hold his office until the next annual school election, at which 
time a person shall be elected to serve for the unexpired term; "out 
if such vacancy shall occur within ten days before an annual elec- 
tion, such appointee shall hold office until the annual election in the 
following year. When any such appointment shall be made the 
clerk shall certify the same to the county superintendent. 

§ 815. Oath of oflB.ce. Before entering upon the duties of his 
office each person elected or appointed as a member of the board of 
education, shall take the oath or affirmation prescribed in section 
211 of the constitution, which oath shall be filed with the clerk of 
the board. 

§ 816. Bonds, how and when issued. Whenever the 
taxes authorized by law shall not be sufficient or shall be 
deemed by the board of education to be burdensome, bonds may 
be issued and negotiated for the purpose of raising money to pur- 
chase a site or to erect suitable buildings thereon, or to fund any 
outstanding indebtedness, or for the purpose of taking up any 
outstanding bonds, of the school corporation; provided, that the 
issuance of such bonds shall first be authorized by the voters of 
such special district as hereinafter prescribed. iSuch bonds shall 
be signed by the president and clerk and attested by the corporate 
seal of the board, shall bear the date of their issue, and be payable 
in not less than five nor more than twenty years from their date, 
at such place as shall be designated upon their face. The demon- 
inations of the bonds which may be issued under the provisions of 
this article shall be fifty dollars or some multiple of fifty, and shall 
bear interest at not more than seven per cent per annum, payable 
semi-annually on the first day of January and July in each year, 
shall show upon their face that they ai^e issued for school purposes, 
and shall be sold at not less than par. Each bond shall have in- 
dorsed thereon the certificate of the clerk of the board stating that 
such bond is issued pursuant to law and i« within the debt limit 
prescribed by the constitution. 



STATE OF NORTH DAKOTA. 71 

§ 8 1 7. Election for issuing bonds. Before issuing any such 
bonds the board of education shall call an election for the purpose 
of submitting to the voters of the district the question of issuing 
such bonds, notice of which shall be given in the manner prescribed 
by law for giving notice of the annual election for the several of- 
ficers of the city, town or village comprising such special district, 
except that such notice shall be given twenty days before such elec- 
tion. Such election shall be conducted and the returns made in the 
manner provided for the annual election of members of the board 
of education and may be held at the time of the annual school 
election or at any other time named in such notice. The notice of 
such election shall clearly state the amount of the bonds proposed 
to be issued, the time in which they shall be made payable, the pur- 
pose for which they are to be issued, and the time and place such 
election will be held. At such election the voters shall have writ- 
ten or printed on their ballots ''for issuing bonds" or "against is- 
suing bonds," and if a majority of the votes cast is for issuing 
bonds such bonds shall be issued and negotiated by such board of 
education, but if a majority thereof is against issuing bonds such 
bonds shall not be issued, nor shall the question be again sub- 
mitted for one year thereafter except for a different amount and 
then only upon a written petition of a majority of the voters of the 
district. 

§ 818. Bonds to specify "what. Debt limit. The bonds, 
the issuance of which is provided for in the foregoing section, shall 
specify the rate of interest and the time when the principal and 
interest shall be paid; and no district shall issue bonds in pursuance 
of this article in a sum greater than five per cent of its assessed 
valuation, including other debts. 

§ 819. Levy for interest and sinking fund. The board of 
education at the time of its annual tax levy for the support of 
schools shall also levy a sufficient amount to pay the interest as the 
same accrues on all bonds issued under provisions of this article, 
and also to create a sinking fund for the redemption of such bonds, 
w^hich it shall levy and collect in addition to the rate per cent 
authorized by the provisions aforesaid for school purposes, and such 
amount of funds when paid into the treasury shall be and remain a 
special fund for such purpose only, and shall not be appropriated 
in any other way except as hereinafter provided. At or before the 
issuance of any bonds as herein provided the board shall by resolu- 
tion provide for such annual levy to pay the interest and to create 
such sinking fund, and such resolution shall remain in force until 
all such bonds and the interest thereon shall have been paid. 

§ 820. Investment of sinking fund. All moneys raised for 
the puropse of creating a sinking fund for the final redemption of 
all bonds issued under this article, shall be invested annually by 
the board of education in the bonds of this state or of the United 
States, or the board may buy and cancel the bonds of the district. 



72 GENEiRAL SCHOOL LAWS, 

§ 821. Interest coupons. When the interest couiDons o£ the 
bonds hereinbefore authorized shall become due they shall be 
promptly paid, upon presentation, by the treasurer out of any 
moneys in his hands collected for that purpose, and he shall indorse 
in red ink upon the facf. of such coupons the word "paid" and the 
date of payment and sign the initials of his name. 

§ 822. Security for payment of bonds. The school fund and 
property of such school corporation and territory attached for such 
purposes is hereby pledged to the payment of the interest and prin- 
cipal of the bonds mentioned in this article as the same may be- 
come due. ' 

§ 823. Bond register. The clerk of the board of education 
shall register in a book provided for that purpose the bonds issued 
under this article and all warrants issued by the board, which reg- 
ister shall show the number, date and amount of such bonds and 
to whom payable. 

§ 824. Refunding bonds, issuance of. The board of educa- 
tion of any special or independent school district shall have power, 
whenever two-thirds of the members of such board shall deem it 
necessary and for the best interests of such school district, to issue 
bonds for the purpose of refunding any outstanding bonds when 
the same become due. Such bonds shall be issued in denomina- 
tions of fifty dollars or some multiple of fifty, and shall not exceed 
in amount the face value of the bonds they are issued to replace, 
and shall not bear a higher rate of interest than seven per cent per 
annum, payable semi-annually on the first day of January and July 
of each year, nor run for a longer period than twenty years. 

§ 825. Bonds may be exchanged. Such refunding bonds 
may be exchanged at par for an equal amount of outstanding bonds 
or may be sold at not less than par value and the proceeds applied 
solely to the payment of the bonds to be refunded, except that any 
premium that may be received on the sale of such bonds shall be 
kept as a separate fund and used for the payment of the interest on 
such bonds, 

§ 826. Issue of bonds, how governed. In the issuance of 
such refunding bonds the board of education shall be governed by 
the provisions of section 818 to 823. 

§ 827. Surplus funds, how transferred. Any moneys 
remaining in the treasury of such school districts, appropriated or 
held for the purpose of paying such bonds so refunded, may, at the 
discretion of the board of education at any time within six months 
after such refunded bonds have been taken up and canceled, be 
transferred to the building or contingent fund of such district. 

Article 18. — Independent School Districts. 

§ 828. Independent districts, how^ organized. Any city 
heretofore organized for school purposes under a special law and 
provided with a board of education may become incorporated as 



STATE OF NORTH DAKOTA. 73 



an independent school district under the provisions of this article 
in the manner following. Whenever one-eighth of the legal voters 
of such city voting at the preceding municipal election sJiall peti- 
tion the mayor and council thereof to submit the question as to 
whether such city shall establish an independent school district un- 
der this article to a vote of the electors in such city it shall be the 
duty of such mayor and council to submit such question accord- 
ingly and to appoint a time and place or places at which such vote 
may be taken and to designate the persons who shall act as judges 
at such election, but such question shall not be submitted oftener 
than once in two years. 

§ 829. Notice of election. The mayor of such city shall cause 
at' least twenty days' notice of such election to be given by pub- 
lishing a notice thereof in one or more newspapers within such 
€ity, but if no newspaper is published therein, then by posting at 
least five copies of such notice in each ward or voting precinct. 

§ 830. Form of ballots. Returns. The ballots to be used 
at such election shall be in the following form: "For establishing 
an independent school district" or ^'against establishing an inde- 
pendent school district." The judges of such election shall make 
returns thereof to the city council whose duty it shall be to canvass 
such returns and cause the result of such canvass to be entered 
upon the records of such city. If a majority of the votes cast at 
such election shall be for establishing an independent school dis- 
trict, such independent school district shall thenceforth be deemed 
to be organized under this article and the board of education then 
in office shall thereupon exercise the powers conferred upon like of- 
ficers in this article until their successors are elected and qualified. 

§ 831. Boundaries of independent districts. All that por- 
tion included within the corporate limits of any city together with 
the additions that are now or may be hereafter attached to such 
city limits shall be constituted and established an independent 
school district to be designated as the "Independent School District 
of the City of " and a board of education is hereby estab- 
lished for the same. 

§ 832. Members of board, how elected. Quorum. Such 
board shall consist of one member from each ward in the city, and 
when the city is divided into an even number of wards, then such 
city shall elect one member of such board at large. ' Such members 
shall hold their office for the term of two years and until their suc- 
cessors are elected and qualified. A majority of the members of 
such board shall constitute a quorum for the transaction of busi- 
ness, but a smaller number may meet and adjourn. The electors in 
each ward in such city shall elect one member of such board, and 
the electors of such city shall elect one member of the board at 
large. The wards having even numbers shall hold their election 
in each even numbered year, and the wards having odd numbers 
shall hold their election in each odd numbered vear. The mem- 



74 GElNERAL SCHOOL LAWS, 

ber at large shall be elected biennially in the even numbered 
years; provided, when such city is divided into three wards, such 
board shall consist of five members, one member from each ward 
and two members to be chosen at large; provided, also, that at the 
first election members from even numbered wards shall be elected 
for a term of one year, and members from odd numbered wards 
for a term of two years; when two members are to be chosen at 
large at such first election, one shall be elected for a term of one 
year and one for a term of two years. 

§ 833. Date of election. Canvass of votes. The electioa 
referred to in the foregoing sections shall be held on the third 
Monday in April of each year, at the usual polling place for muni- 
cipal elections in each ward. The mayor shall have authority and 
he is hereby empowered to appoint two judges and one clerk for 
such election, who shall open the polls at the hour of eleven o'clock 
in the forenoon and hold the same open until five o'clock in the after- 
noon of the same day. Such election shall be conducted in all re- 
spects and the polls closed and votes canvassed in the same manner 
asmunicipal elections,and the judges shall have the samepower and 
authority in all respects as the judges of election for municipal 
officers, and after the votes are canvassed the judges shall make 
their returns to the city clerk or auditor, as the case may be, within 
twenty-four hours after the polls are closed, and the city council 
shall canvass such returns and declare the result within three days 
thereafter, which result shall be entered upon the records of the 
city, and it shall be the duty of the city clerk or auditor to issue 
certificates of election to the persons declared elected. The judges 
and clerks of election shall receive the same compensation for their 
services as at municipal elections for mayor and aldermen. 

§ 834. Vacancies, how filled. If any vacancy occurs in the 
board for any cause, the remaining members thereof shall fill such 
vacancy by appointment until the next annual election, and at such 
election a new member shall be elected to fill the unexpired term. 

§ 835. Style and powers of board. The board so elected 
shall be a body corporate in relation to all the powers and duties 
conferred upon it by this article, and shall be styled "The Board of 

Education of the Independent School District of the City of 

(here insert the name of the city)" and as such shall have power- 
to sue and be sued, contract and be contracted with, and shall pos- 
sess all the powers usual and incident to such bodies corporate^, 
and such as shall be herein given, and shall procure and keep a 
common seal. At each annual meeting of the board the members 
thereof shall elect one of their number president of the board, and 
when he is absent a president pro tempore shall be appointed who 
shall preside during such absence. The members so elected shall 
each qualify by-taking the prescribed oath of office within ten days' 
after receiving their certificate of election, and shall assume the 
duties of the office at the annual meeting of the board held on the 
first Monday in May of each year. 



STATE OF NORTH DAKOTA. 7S 



§ 836. Responsibility of board. The members of the board 
shall receive no compensation, nor be interested directly or indi- 
rectly in any contract for building or making any improvements or 
repairs provided by this chapter. They shall have the care and' 
custody of all public property in such district pertaining to school) 
purposes and the general management and control of all school 
matters. 

§ 837. Meetings of board. The regular meetings of the boardl 
shall be held on the first Tuesday of each month, and the board 
may hold special meetings upon notice. The regular meetings may 
be adjourned for any time shorter than one month. Special meet- 
ings may be called by the president, or in case of his absence or in^- 
ability to act, by any three members of the board as often as neces- 
sary by giving a personal notice in writing to each member of the- 
board or by causing such notice to be left at his place of residence- 
at least forty-eight hours before the hour of such special meeting, 

§ 838. Secretary, duties of. Such board shall appoint a secre- 
tary who shall hold his office during the pleasure of the board and 
whose compensation shall be fixed by the board. The secretary 
shall keep a record of the proceedings of the board and perform 
such other duties as the board may prescribe. Such record or a 
transcript thereof, certified by the secretary and attested by the- 
seal of the board, shall be received in all courts as prima facie evi- 
dence of the facts therein set forth; and such records, and all books». 
accounts, vouchers and papers of the board shall at all times be- 
subject to inspection by the members of such board or any commit- 
tee thereof, or by any taxpayer of the district. For the purpose of 
economy the board may, if deemed advisable, appoint one of its owiu 
members secretary. The annual report of the secretary shall con- 
tain such items as may be required by the superintendent of public- 
instruction. ' 

§ 839. Powers of board. The board shall have power and it 
shall be its duty to levy and raise from time to time by tax such 
sums as may be determined by the board to be necessary and proper 
for any of the following purposes: 

1. To purchase, exchange, lease or improve sites for school 
houses. 

2. To build, purchase, lease, enlarge, alter, improve and repair 
school houses and their outhouses and appurtenances. 

3. To purchase, exchange, improve and repair school apparatus^ 
books, furniture and appendages. 

4. To procure fuel and defray the contingent expenses of the^ 
board, including the expenses of the secretary. 

5. To pay teachers' wages after the apportionment of publie 
moneys which may be by law appropriated and provided for that 
purpose. 

§ 840. Collection of tax. The tax to be levied and collected 
as aforesaid bv virtue of this article shall be collected in the same 



76 GENERAL SCHOOL LAWS, 

manner as other county taxes, and for that purpose the board of 
education shall have power to levy and cause to be collected such 
taxes as are herein authorized, and shall cause the amount for each 
purpose to be certified by the secretary to the county auditor in time 
to be added to and put upon the annual tax list of the county. And 
it shall be the duty of the county auditor to calculate and extend 
upon the annual assessment roll and tax list the tax so levied by 
such board, and such tax shall be collected as other county taxes 
are collected. 

§ 841. Amount of tax limited. The amount raised for teacliers' 
wages and contingent expenses shall be only such as together with 
the public moneys coming to such district from the state and 
•county fund and other sources shall be sufdcient to maintain effi- 
cient and proper schools in such district. The taxes for the pur- 
chasing, leasing or improving of sites, and the building, purchas- 
ing, leasing, enlarging, altering or repairing of school houses shall 
not exceed in any year twenty mills on the dollar of the assessed 
valuation of the taxable property of the district, and the board of 
•education is authorized and directed, when necessary, to borrow in 
anticipation, the amount of the taxes to be raised, levied and col- 
lected as aforesaid. 

§ 84S. Authority to issue bonds. The board of education 
of such district is authorized and empowered, and it is its duty 
whenever the board deems it necessary for the efficient organiza- 
tion and establishment of schools in such district, and when the 
taxes authorized by this article shall not be sufficient or shall be 
deemed by the board to be burdensome upon the taxpayers of the 
district, from time to time to issue bonds of the district in the de- 
nomination of fifty dollars or some multiple of fifty, payable at a 
time not to exceed tw^enty-flve years after date and bearing interest 
at a rate not to exceed seven per cent per annum, payable semi-an- 
nually on the first day of January and July of each year; and to 
show upon their face that they are issued for the purpose of build- 
ing and furnishing a school house or school houses, purchasing 
grounds on which to locate the same, or to fund any outstanding 
indebtedness, or for the purpose of taking up any outstanding 
bonds; and the said board of education is authorized to cause the 
same to be sold at not less than par value, and the money realized 
therefrom deposited with the city treasurer to the credit of such 
board of education; and when any bonds shall be so negotiated it 
shall be the duty of the board to provide by tax for the payment 
of the principal and interest of such bonds; provided, that at no 
time shall the aggregate amount of such bonds, including all other 
Indebtedness, exceed fifty mills on the dollar of valuation of the 
taxable property of such district, to be determined by the last city 
assessment. 

§ 843. Moneys paid to city treasurer. All moneys raised 
pursuant to the provisions of this article and all moneys which 



STATE OF NORTH DAKOTA. 77 

shall by law be appropriated to or provided for such district, shall 
be paid over to the city treasurer of the city, and the county treas- 
urer shall from time to time, as he shall receive the couuty school 
funds, and at least once in each month, on the first Monday thereof, 
pay over to such city treasurer the proportion thereof belonging to 
such district ; and for that purpose the board shall have the power 
to cause all needful steps to be taken, including census reports or 
other acts or things, to enable such board to receive the school 
money belonging to such district, as fully and completely as though 
such district formed one of the school districts of the county where 
the same may be situated. 

§ 844. Bond of treasurer. The city treasurer of such city 
shall give a bond to such board of education in such sum as the 
board shall from time to time require, with two or more sureties to 
be approved by the board, conditioned for the safe-keeping of the 
school funds, which shall be in addition to his other bond; and such 
treasurer and the sureties upon such bond shall be accountable to 
the board for the moneys that come into his hands, and in case of 
failure of such treasurer to give such bond when required by the 
board, or within ten days thereafter, his office shall become vacant 
and the city council shall appoint another person in his place. 

§ 845. School funds, how kept and paid out. All moneys 
required to be raised by virtue of this article shall be paid in cash 
or in the warrants hereinafter provided, drawn on the school fund 
only, and such moneys and all moneys received by such district for 
the use of the common schools therein shall be deposited for safe- 
keeping with such city treasurer to the credit of the board of edu- 
cation and shall by him be safely kept separate and apart from any 
other funds until drawn from the treasury as herein provided. Such 
treasurer shall pay out the moneys authorized by this article only 
upon warrants drawn by the president, countersigned by the secre- 
tary and attested by the seal of such board of education. 

§ 846. General powers of board. The board shall have power 
and it shall be its duty: 

1. To organize and establish such schools in the district as it 
shall deem requisite and expedient, and to change and discontinue 
the same, 

2. To purchase, sell, exchange and hire school houses and rooms, 
lots or sites for school houses and to fence and improve the same. 

3. To build, enlarge, alter, improve and repair school houses, 
outhouses and appurtenances as it may deem advisable upon lots 
and sites owned by the district. 

4. To purchase, sell, exchange, improve and repair school appa- 
ratus, books for indigent pupils, furniture and appendages and pro- 
vide fuel for schools. 

5. To have the custody and safe keeping of the school houses, 
outhouses, books, furniture and appurtenances, and to see that the 
ordinances of the city council in relation thereto are observed. 



78 GENERAL SCHOOL LAWS, 

6. To contract with and employ all teachers in such schools 
and to remove them at pleasure. 

7. To pay the wages of such teachers out of the money appro- 
priated and provided by law for the support of common schools in 
such district, so far as the same shall be sufficient, and the residue 
thereof from the money authorized to be raised by this article. 

8. To defray the necessary and contingent expenses of the 
board, including the compensation of the secretary. 

9. To have in all respects the superintendence, supervision and 
management of the common schools of such district, and from time 
to time to adopt, alter, modify and repeal, as they may deem expe- 
dient, rules and regulations for their organization, grading, govern- 
ment and instruction, for the reception of pupils and their trans- 
fer from one school to another, for the suspension and expulsion of 
pupils subject to the same restrictions as are contained in subdi- 
vision 11 of section 797, and generally for their good order, pros- 
perity and utility. 

10. To prepare and report to the city council of the city such 
ordinances and regulations as may be necessary and proper for the 
protection, safe-keeping, care and preservation of school houses, 
lots, and sites and appurtenances and all the property belonging to 
the district connected with or appertaining to the schools within 
the city limits, and to suggest proper penalties for the violation of 
such ordinances and regulations, and annually, on or before the 
Ifirst Monday in July, to determine and certify to the county auditor 
the rate of taxation in its opinion necessary and proper to be levied 
under the provisions of this article for the year commencing on the 
first day of July thereafter, and also at any time to determine how 
many and what denomination of bonds shall be issued and sold to 
pay the extraordinary outlays required. 

§ 847. Visiting schools. Each member of the board shall 
visit all the public schools in the district at least twice in each year 
of his official term, and the board shall provide that each of such 
schools shall be visited by a committee of three or more of their 
number at least once during such term. 

§ 848. Nonresident pupils. Such board of education shall 
have power to allow the children not resident in such district, to 
attend the schools of such district under the control and care of 
«uch board, upon such terms as the board shall prescribe, fixing the 
tuition which shall be paid therefor. 

§ 849. Expenditures not to exceed revenues. It shall be 
the duty of the board in all its expenditures and contracts to have 
reference to the amount of money which shall be subject to its 
order during the current year for the particular expenditures in 
question and not to exceed that amount. 

§ 850. Title to property of district. The title to all property 
belonging to any such independent school district shall be vested 
in such district for the use of the schools, and the same while used 



STATE OF NORTH DAKOTA. 79 

and appropriated for school purposes shall not be levied upon or 
sold by virtue of any warrant or execution or other process, nor be 
subject to any judgment or mechanic's lien or taxation for any pur- 
pose whatever; and the district in its corporate capacity may take, 
hold and dispose of any real and personal property transferred to 
it by gift, grant, bequest or devise for the use of common schools 
for the district, whether the same is transferred in terms to such 
district by its proper name or to any person or body for the use of 
such schools. 

§ 851. Heal property. Title, how conveyed. Whenever 
any property is purchased by the board a conveyance thereof shall 
be taken in the name of such district; and whenever any sale of 
such property is made by the board a resolution in favor of such 
sale shall first be adopted and spread upon the records of the board, 
and the conveyance of such property shall be executed in the name 
of such district by the president of the board attested by the sec- 
retary under the seal thereof, and acknowledged by such officers. 
Such president and secretary shall have authority to execute con- 
veyances as aforesaid, with or without covenants of warranty on 
behalf of the district. 

§ 85S. Report of city treasurer. It shall be the duty of the 
city treasurer at least fifteen days before the annual election for 
members of such board and as often as called upon by the board, 
to prepare and report to such board a true and correct statement 
of the receipts and disbursements of moneys under and pursuant to 
the provisions of this article, during the preceding year, which 
statement shall set forth under appropriate heads: 

1. The money raised by the board under section 839. 

2. The school moneys received from the county treasurer, 

3. The money received under section 842. 

4. All money received by the city treasurer, subject to the order 
of the board, specifying the sources from which it accrued. 

5. The manner in which all money has been expended, specify- 
ing the amount under each head of expenditures and the board 
shall at least one week before such election, cause such statement 
to be published in all the newspapers of the city which will publish 
the same gratuitously. 

§ 853. City council to pass certain ordinances. The city 
council shall have the power and it shall be its duty to pass such 
ordinances and regulations as the board of education may recom- 
mend as necessary for the protection, preservation, safe-keeping and 
care of the school houses, lots, sites, appurtenances, libraries and all 
necessary property belonging to or connected with the schools of 
the city, and to provide proper penalties for the violation thereof; 
and all penalties shall be collected in the same manner that the 
penalties for the violation of city ordinances are collected, and 
when collected shall be paid to the city treasurer, and placed to 
the credit of the board of education, and shall be subject to its 
order as herein provided. 



80 generlil school laws, 



§ 854. Forfeit for refusal to serve as member of board. 

It shall be the duty of the clerk of such board immediately after 
the election of any person as a member thereof, personally or in 
writing, to notify him of his election, and if any person shall not 
within ten days after receiving such notice of election, take and 
subscribe the oath as herein provided and file the same with the 
city auditor, the board may consider it as a refusal to serve, and fill 
the vacancy thus occasioned, and the person so refusing shall for- 
feit and pay to the city treasurer for the benefit of the schools of 
such district a penalty of fifty dollars, which may be recovered in 
the name of such city by a civil action. 

§855. New district to assum.e debts of old. School districts 
created under the provisions of this article shall assume all obliga- 
tions and liabilities incurred by the districts out of which they are 
formed, if old districts are not divided, and a proportionate part, if 
divided. 

Article 19. — Boards of Education in Certain Cities. 

§856. Boards to be elected at large. In each city not organ- 
ized under the general law there shall be a board of education con- 
sisting of seven members having the qualifications of electors who 
shall be elected at large by the electors of such city qualified to vote 
at school elections; and, except as may be otherwise provided herein 
for the first election, two members of such board shall be elected 
annually and three triennially at a special election to be held on the 
first Tuesday after the first Monday in June; provided, that the pro- 
visions of this article shall not apply to cities existing under a 
special act and which are now conducting their schools under the 
general school laws. 

§ 857. Term of o£&ce. The term of office of a member of the 
board of education, except as in this article otherwise provided, 
shall be three years and until his successor is elected and qualified. 

§ 858. Elections, how conducted. All elections under the 
provisions of this article shall be called, conducted and the votes 
canvassed and returned in the manner provided by law for general 
city elections. 

§ 859. Relatives not eligible as teachers. No son, wife or 
daughter of any member of the school board shall be eligible to a 
position as teacher in schools of the district which such member 
represents except upon the consent of all the members of such 
board. 

§ 860. Independent school organizations under special 
laws abolished. Any independent district organized for school 
purposes under a special law, which does not include or is not in- 
cluded in any city or incorporated town or village organized for 
municipal purposes, shall become a part of the school district in 
which it is located by the repeal of the special law organizing or 
governing such independent district. Any independent district 



STATE OF NORTH DAKOTA. 81 

organized for school purposes under a special law or under any- 
other law than is contained in this chapter, which includes or is in- 
cluded in any city or incorporated town or village organized for 
municipal purposes, shall become a special district by the repeal 
of the special law organizing or governing such independent school 
district. Any school district or special district so constituted or 
constituted in part shall be governed by the provisions of this chap- 
ter; provided, that nothing herein shall prevent any such indepen- 
dent district from coming under the operation of this chapter in 
the manner therein jDrovided. 

§ 861. Old school officers hold over. The board of educa- 
tion or other governing board of such independent district shall 
continue to exercise the powers and duties devolving upon it under 
the provisions of such special or other law governing such inde- 
pendent district, the same as though such law had not been re- 
pealed, until the second Tuesday in July following the repeal of 
such special or other law; provided, that all that portion of the 
general school laws which provides for an annual school election 
shall apply to such independent district and shall be in full force 
and effect for the purpose of electing school officers at such annual 
school election; and such officers shall be elected in and for the 
whole school district, including the independent district or portion 
of such independent district located therein, or in and for the spec- 
ial district, the same as though no law had ever existed providing 
for the organization of such independent district; provided, 
further, that in a special district formed and created as herein pro- 
vided, a full board of education shall be elected as provided by law 
for first elections, but in school districts formed and created as 
herein provided by the addition of such independent district or por- 
tion thereof, there shall be elected only such officers as are required 
to fill the regular vacancies in the school offices of such school dis- 
trict heretofore organized. 

§862. Debts and assets determined by arbitration. When 
the boundaries of such school district shall have been arranged as 
contemplated in this article, the determination and division or con- 
solidation of all debts, property and assets of the several portions 
of such district or districts so consolidated shall be made by arbi- 
tration as provided by law. 

Article 20. — Free Text Books. 

§ 863. Power of board of education. The board of trustees 
or board of education of each and every school district in the state 
of North Dakota is hereby authorized and empowered to select, 
adopt and contract for all books and supplies needful for the school 
or schools under its charge; and the said board of trustees or board 
of education shall have power to purchase the text books and sup- 
plies selected or contracted for, and provide for the loan free of 



82 GENERAL SCHOOL LAWS, 

charge or sale at cost of sucli text books and supplies to the pupils 
in attendance at such school or schools; proAaded, that no adoption 
or contract shall be for a period of less than three years nor more 
than five years; during which time the text books so selected, 
adopted and contracted for shall not be changed; provided, further, 
that before any publisher or publishers shall enter or attempt to 
enter into any contract for the sale of text books, as hereinbefore 
provided, they shall file with the superintendent of public instruc- 
tion of the state of North Dakota a list of their books and the low- 
est prices at or for which they will sell any or all of such books to 
any board of trustees or board of education in the state of North 
Dakota, and they, the said publishers, shall deposit with the super- 
intendent of public instruction a sample copy of each book so list- 
ed, which shall represent in style of binding, mechanical execu- 
tion, general make-up and matter the book or books they offer to 
sell to the board of trustees at or for the prices so listed and in no 
case shall prices be raised above said listed prices as filed. It shall 
be the duty of the superintendent of public instruction to furnish a 
certified copy of the list of books and prices filed in accordance with 
the provisions of this section to the district clerk of each common 
school district in the state of North Dakota. 

§ 864. Free text books provided, when. Whenever in the 
judgment of the board it is desirable or necessary to the welfare of 
the schools in the district or to provide for the children therein bet- 
ter school privileges, or whenever petitioned so to do by two-thirds 
of the voters in the district, the board shall provide free text books 
and supplies for all schools under its charge, in such manner as 
hereinbefore provided. All books purchased in accordance with 
the provisions of this article shall be paid for out of the school fund 
of the respective districts, and it shall be the duty of the school 
districts and school boards to see that sufficient funds are raised 
and set aside for the purpose of this article. The clerk of each dis- 
trict shall also keep a record of all books furnished to the schools 
in the district. 

Article 21. — Purchase of Flags for School Districts. 

§ 865. United States flag to be displayed. The school 
board of any city, town or district, is authorized and required to 
purchase at the expense of the city, town or district, one or more 
flags of the United States, which shall be displayed in reasonable 
weather, upon the school houses or flagstaffs upon the school 
grounds during the school hours of each day's session of school, 
and a failure to comply with the provisions of this article on the 
part of any board of education or district school board, shall be 
sufficient grounds for removal of members of such board from office. 

Article 22. — State Educational Library. 

§ 866. Appropriation for. There is hereby appropriated out 



STATE OF NORTH DAKOTA. 83 

of any funds in the state treasury the sum of three hundred dollars 
annually, to be paid by warrant of the state auditor on the state 
treasurer upon the presentation of an itemized bill in due form by 
the superintendent of public instruction, for the purchase of refer- 
ence or pedagogical books for the state educational library in the 
office of such superintendent. 

Article 23. — High School Board. 

§ 867. High school board. The governor, superintendent of 
public instruction and president of the state university, are hereby 
constituted a board of commissioners on preparatory schools for the 
encouragement of higher education in the state. Said board shall 
be called the "High School Board," and shall perform the duties 
and have and exercise the powers hereinafter mentioned. 

§ 868. Students classified. Any public graded school in any 
city or incorporated village or township, organized into a district, 
under the township or district system, which shall give instruction 
according to the terms and provisions of this article and shall admit 
students of either sex from any part of the state without charge 
for tuition, shall be entitled to be classified as a state high school 
and to receive pecuniary aid as hereinafter specified; provided, how- 
ever, that no such school shall be required to admit nonresident 
pupils unless they pass an examination in orthography, reading ia 
English, penmanship, arithmetic, grammar, modern geography and 
the history of the United States, « 

§ 869. Requirements for classification. The said board 
shall require of the schools applying for such pecuniary aid as pre- 
requisite to receiving such aid, compliance with the following con- 
ditions, to-wit: 

1, That there be regular and orderly courses of study, embrac- 
ing all the branches prescribed by the said board for the first two 
years of the high school course. 

2. That the said school receiving pecuniary aid under this ar- 
ticle shall at all times permit the said board of commissioners, or 
any of them, to visit and examine the classes pursuing the said pre- 
paratory courses, 

§ 870. Schools visited once each year. * What schools to 
receive state aid. Appropriation. 1. The said board of com- 
missioners shall cause each school receiving aid under this article to 
be visited at least once in each year, by a committee of one or more 
members, who shall carefully inspect the instruction and discip- 
line of the preparatory classes, and make a written report on the 
same immediately; provided, that the said board may, in its discre- 
tion, appoint, in any case, competent persons to visit and inspect 
any school and to make report thereon ; and no money shall be paid 



34 GENERAL SCHOOL LAWS, 



in any case until after such report shall have been received and ex- 
amined by the board, and the work of the school approved by a vote 
of the board. 

2. The said board shall receive applications from such schools 
for aid as hereinafter provided, which applications shall be received 
and acted upon in the order of their reception. The said board 
shall apportion to each of the said schools which shall have fully 
complied with the provisions of this article, and whose application 
shall have been approved by the board, the following sums, to-wit: 
One hundred seventy-five dollars each year to each school having 
four years' high school course and doing four years' high school 
work; the sum of one hundred forty dollars each year to each school 
having a three years' high school course and doing three years' high 
school work; the sum of one hundred dollars each year to each 
school having a two years' high school course and doing two years' 
high school work; provided, that the total amount of apportion- 
ments and expenses under this article shall not exceed four thous- 
and dollars in any one year. The sum of four thousand dollars is 
hereby appropriated annually to be paid out of any moneys in the 
treasury not otherwise appropriated for the purpose of this article] 
which amount, or so much thereof as may be necessary, shall be paid 
upon the itemized vouchers of said board,, duly certified and filed 
with the state auditor. 

§871. No compensation. Expenses. The members of said 
board shall serve without coinpensation, but the actual and neces- 
sary expenses of the board or any examiner appointed by them, 
shall be paid in the same manner as those of state officers; provided, 
that the total expense, including the apportionments to the schools 
aforesaid, shall not exceed four thousand dollars in any one year. 

§ 872. Discretionary po^wers. Assistant examiner. The 
high school board shall have full discretionary power to consider 
and act upon applications of schools for state aid, and to pre- 
scribe conditions upon which said aid shall be granted and it shall 
be its duty to accept and aid such schools only as will, in its opin- 
ion, if aided, efficiency perform the service contemplated by law; 
but in each county two schools complying with the prescribed con- 
ditions shall have a right to aid from this appropriation before aid 
may be granted to a third school in any county. Any school once 
accepted and continuing to comply with the law and regulations of 
the board made in pursuance thereof, shall be aided not less than 
three years. The board shall have power to establish any necessary 
and suitable rules and regulations relating to examinations, reports, 
acceptance and classification of schools, courses of studies and other 
proceedings under this article. Any assistant examiner appointed 
by the high school board, as authorized by law, shall be entitled to 
receive such compensation as the board may allow, not exceeding 
three dollars a day; provided, that no such compensation shall be 



STATE OF NORTH DAKOTA. 85 

paid to any person receiving a salary from the state or from any 
state institution. 

§ 873. Shall keep record. The said board shall keep a rec- 
ord of all the proceedings and shall make on or before the first 
day of December in each year a report, covering the previous school 
year, to the superintendent of public instruction, showing in de- 
tail all receipts and disbursements, the names and number of schools 
receiving aid, the number of pupils attending the classes in each,' to 
which report they may add such recommendations as they may deem 
useful and proper. 

Article 24. — Health and Decency in Public Schools. 

§ 874. Duty of boards of education. It shall be the duty of 
all boards of education and district school boards in this state to 
provide suitable and convenient water closets or privies for each of 
the schools under their charge, at least two in number, which shall 
be entirely separate each from the other, and having separate 
means of access; and it shall be the duty of the school officers afore- 
said to keep the same in a clean, chaste and wholesome condition; 
and a failure to comply wdth the provisions of this article on the 
part of any board of education or district school board, shall be suf- 
ficient grounds for removal from office and for withholding from 
any district any part of the public moneys of the state. The ex- 
pense incurred by the officers aforesaid in carrying out the require- 
ments of this article shall be a charge upon the district, when such 
expense shall have been approved by the county superintendent of 
schools of the county within which the school district is located, 
and a tax may be levied therefor without a vote of the district. 



CHAPTER 10. 

EDUCATIONAL AND CHARITABLE INSTITUTIONS. 

Article 1. — University of North Dakota. 

§ 875. University, -where located. The university of North 
Dakota as now^ established and located at the city of Grand Forks 
shall continue to be the university of the state. 

§ 876. Board of trustees to govern. The government of 
such university shall be vested in a board of trustees consisting of 
five members to be appointed by the governor by and with the ad- 
vice and consent of the senate, who shall hold their office for the 
term of four years commencing on the first Tuesday in April next 
succeeding their appointment. 

§ 877. Governor to nominate. Vacancies, how filled. 
The governor shall nominate and, by and with the advice and consent 
of the senate, appoint during each regular session of the legislative 



GEiNERAL SCHOOL LA.WS, 



assembly trustees of such university in the place of those whose terms 
shall thereafter first expire, and such trustees shall hold their office 
until their successors are appointed and qualified; provided, that the 
governor shall fill any vacancy in such board by appointment to 
extend only until the first Tuesday in April succeeding the next 
regular session of the legislative assembly; and provided, further, that 
the governor shall during such next regular session nominate and, by 
and with the advice and consent of the senate, appoint some person to 
fill such vacancy for the remainder of the term unexpired. JN oi more 
S;han two members of the board shall be appointed from the same 
eounty. 

.^§ 878. Powers and duties of board. The board of trustees 
snail possess all the powers necessary to accomplish the objects and 
perform the duties prescribed by law, and shall have the custody of 
the books, records, buildings and all other property of such imiver- 
sity. The board shall elect a president and a secretary who shall per- 
form such duties as may be prescribed by the by-laws of the board. 
The secretary shall keep a correct record of all transactions of the 
board, and of the committees thereof, and in addition to performing 
the duties of secretary, he shall be the superintendent of the build- 
ings and grounds of the university and discharge such other duties • 
as may from time to time be prescribed by the board of trustees. 

§ 879. Meetings of. the board. The time for the election of 
the president and secretary of such board and the duration of their 
respective terms of office, the time for holding the regular annual 
meeting, and such other meetings as may be required, and the man- 
ner of giving notice of the same shall be determined by the board. 
Four members shall constitute a quorum for the transaction of busi- 
ness, but a less number may adjourn from time to time. 

^ 880. Number of meetings limited. Such board shall not 
bold more than twelve sessions in any year and such sessions shall 
liot exceed twenty-four days in the aggregate; but the governor may 
in his discretion authorize additional sessions. 

§ 881. Government of university. Powers of trustees. 
The board of trustees shall adopt rules for the government of the 
university in all its branches; elect a president and the requisite num- 
ber of professors, instructors, officers and employees, fix the salaries 
and the term of office of each, and determine the moral and educa- 
tional qualifications of applicants for admission to the various courses 
of instruction; but no instruction, either sectarian in religion or par- 
tisan in politics shall ever be allowed in any department of the uni- 
versity, and no sectarian or partisan test shall ever be allowed or exer- 
cised in the appointment of trustees, or in the election of professors, 
teachers or other officers of the university, or in the admission of 
students thereto or for any purpose whatever. Such board shall have 
power to remove the president or any professor, instructor or officer 
of the university, when in its judgment the interests of the university 
require it. The board may prescribe rules and regulations for the 



STATE OP NORTH DAKOTA. 87 

management of the library, cabinets, museum, laboratories and all 
other property of the university and of its several departments and 
for the care and preservation thereof, with suitable penalties and 
forfeitures by way of damages for their violation, which may be sued 
for and collected in the name of the board before any court having 
jurisdiction. 

§ 8SS. Board may expend income. The board is authorized 
to expend such portion of the income of the university fund as it 
may deem expedient for the erection of suitable buildings and the 
purchase of apparatus, a library, cabinets and additions thereto; and, 
if deemed expedient, it may unite with the university as a branch 
thereof any college in the state, upon application of its board of 
trustees; and such college so received shall become a branch of the 
university and be subject to visitation by the trustees. 

§ 883. Board to make report, when. At the close of each 
fiscal year the trustees through their president shall make a report in 
detail to the governor, exhibiting the progress, condition and wants 
of each of the colleges embraced in the university, the course of 
Btudy in each, the number of professors and students, the amount of 
receipts and disbursements, together with the nature, cost and results 
of all important investigations and experiments and such other infor- 
mation as they may deem important, one copy of which shall be 
transmitted free by the governor to each college endowed under the 
provisions of the act of congress entitled " An act donating land to 
the several states and territories which provide colleges for the benefit 
of agriculture and mechanic arts," approved July 2, 1862, and also 
one copy to the secretary of the interior. 

§ 884. Powers of the president and faculty. The president 
of the university shall be president of the several faculties and the 
executive head of the instructional force in all its departments; as 
such, he shall have authority, subject to the power of the board of 
trustees to give general directions respecting the instruction and 
scientific investigation of the several colleges, and so long as the 
interests of the institution require it he shall be charged with the 
duties of one of the professorships. The immediate government of 
the several colleges shall be intrusted to their respective faculties, but 
the trustees shall have the power to regulate the course of instruction 
and prescribe the books or works to be used in the several courses, 
and also to confer such degrees and grant such diplomas as are usual 
in universities, or as they shall deem appropriate, and to confer upon 
the faculty, by by-laws, the power to suspend or expel students for 
misconduct or other causes prescribed in such by-laws. 

§ 885. Object and departments of the university. The 
objects of the university shall be to provide the means of acquiring a 
thorough knowledge of the various branches of learning connected 
with scientific, industrial and professional pursuits, in the instruction 
and training of persons in the theory and art of teaching, and also 
instruction in the fundamental laws of this state and of the United 



88 GENERAL SCHOOL LAWS, 

States in regard to the rights and dnties of citizens, and to this end 
It shall consist of the following branches or departments: 

1. The college or department of arts. 

2. The college or department of letters. 

3. The normal college or department. 

4. _ The school of mines, the object of which shall be to furnish 
facilities for the education of such persons as may desire to receive 
instruction in chemistry, metallurgy, mineralogy, geology, mining, 
milling and engineering. 

5. The military department or school, the object of which shall 
be to instruct and train students in the manual of arms and such 
military maneuvers and tactics as are taught in military colleges. 

6. Such professional or other colleges or departments as now 
are or may from time to time be added thereto or connected there- 
with, and the board of trustees is hereby authorized to establish such 
professional and other colleges or departments as in its judgment 
may be deemed necessary and proper; but no money shall be 
expended by the board in establishing and organizing any of the 
additional colleges or departments provided for in this section, until 
an appropriation therefor shall have first been made. 

§ 886. Courses of instruction. The college or department 
of arts shall embrace courses of instruction in mathematical, physi- 
cal and natural sciences, with their application to industrial arts such 
as agriculture, mechanics, engineering, mining, and metallurgy, man- 
ufactures, architecture and commerce and such branches included in 
the college of letters as shall be necessary properly to fit the pupils 
in the scientific and practical courses for their chosen pursuits, and 
in military tactics. In the normal department the proper instruction 
and learning in the theory and art of teaching and in all the various 
branches and subjects needful to qualify for teaching in the common 
schools; and as soon as the income of the university will allow, in 
such order as the wants of the public shall seem to require, the 
courses of sciences and their application to the practical arts shall 
be expanded into distinct colleges of the university, each with its 
own faculty and appropriate title. The college of letters shall be 
co-existent with the college of _ arts, and shall embrace a liberal course 
of instruction in languages, literature and philosophy, together with 
such courses or parts of courses in the college of arts as the trustees 
shall prescribe. 

§ 887. Scandinavian language taught. It shall be the 
duty of the trustees to cause to be taught at said institution the 
Scandinavian language, and for that purpose shall employ as one of 
the teachers of such institution a professor learned in that language. 

§ 888. Pupils, who may become. The university shall be 
open to students of both sexes under such regulations and restric- 
tions as the board of trustees may deem proper, and all able bodied 
male students of the university may receive instruction and discipline 



STATE OF NORTH DAKOTA. 89 

in military tactics, the requisite arms for which shall be furnished by 
the state. 

§ 889. Graduates entitled to certificates to teach. After 
any person has graduated at the university, and after such graduation 
has successfully taught a public school in this state for sixteen 
months, the superintendent of public instruction shall have authority 
and it shall be his duty to countersign the diploma of such teacher 
if upon examination he is satisfied that such person has a good moral 
character and is possessed of sufficient learning and ability to teach. 
Any person holding a diploma granted by the board of trustees of 
such university, certifying that the person holding the same has 
graduated from such university, shall, after his diploma has been 
countersigned by the superintendent of public instruction as afore- 
said, be deemed qualified to teach any of *the public schools in the 
state, and such diploma shall be a certificat/^ of such qualification 
until annulled by the superintendent of x^ublic instruction. 

§ 890. Tuition fees. No student who shall have been a res- 
ident of the state for one year next preceding his admission shall be 
required to pay any fees for tuition in the university, except in the 
law department and for extra studies. The trustees may prescribe 
rates of tuition for any pupil in the law department, or who is not a 
resident as aforesaid, and for teaching extra studies. 

§ 891. Compensation of trustees. The trustees shall b© 
entitled to receive the sum of three dollars per day for each day 
employed in attendance upon sessions of the board and all traveling 
expenses necessarily incurred thereby. _ Upon the presentation of the 
proper vouchers containing an itemized statement of the number of 
days attendance and money actually expended as above specified, 
duly verified by the oath of the trustee and certified by the president 
and secretary of the board, the state auditor shall audit such claim 
and draw his warrant upon the state treasurer for the amount allowed. 

§ 892. Trustees to make rules and by-laws. The board of 
trustees shall make rules, regulations and by-laws for the govern- 
ment and management of the university and of each department 
thereof. It shall also prescribe rules, regulations and by-laws for 
the admission of students; but each applicant for admission must 
undergo an examination to be prescribed by the board, and shall be 
rejected if it shall appear that he is not of good moral character. The 
board shall also require each applicant for admission in the normal 
department, other than such as shall, prior to admission, sign and file 
with such board a declaration of intention to follow the business of 
teaching in the common schools of this state for at least one year, to 
pay such fees for tuition as the board may deem proper and reason- 
able. 

§ 893. Salaries. The board of trustees shall from time to time 
fix the salary of the president, professors and teachers of such 
university, and shall certify the same to the state auditor. Such 
board shall also from time to time certify to the state auditor the 



^0 GENERAL SCHOOL LAWS, 

amount due such persons for salary, and the state auditor shall draw 
his warrants upon the state treasurer for the amounts so certified. 

§ 894. Secretary of state to furnish laws. The secretary 
•of state shall deliver to the university fifty copies of each volume of 
the general and special laws of the state, and the reports of the decisions 
of the supreme court, hereafter published, for use in the way of 
exchanges and otherwise in the establishment and maintenance of a 
law library for the law department of such university. 

§ 895. Supreme court reports, how obtained. He shall 
procure for the purpose aforesaid from the publishers of the supreme 
•court reports fifty copies of each volume thereof hereafter published, 
in addition to the number authorized for other purposes, to be paid 
for at the same price and in the same manner as such reports are 
■delivered to the secretary for other purposes. 

§ 896. Lioan of muskets authorized. The adjutant general 
or whoever may be in charge of state arms shall, under the direction 
of the governor, loan to the board of trustees of such university one 
hundred muskets and accoutrements or as many as can be spared, not 
exceeding that number, the same to be used for drill purposes, by the 
students of such university. 

§ 897. Muskets, when returned. In case such arms and 
accoutrements are needed by the state at any time, the governor or 
adjutant general under his instructions may call in the same and the 
trustees of such university shall immediately turn the same over to 
such officer in good condition. 

§ 898. Geological survey. Duty of trustees. It shall be 
the duty of the board of trustees of the university to cause to be begun 
as soon as may be practicable, and to carry on a thorough geological 
and natural history survey of the state. 

§ 899. Extent of the survey. The geological survey shall be 
carried on jvith a view to a complete account of the mineral kingdom, 
as represented in the state, including the number, order, dip and 
magnitude of the several geological strata, their richness in ores, coals, 
clays, peats, salines and mineral waters, marls, cements, building stones 
and other useful materials, the value of said substances for economical 
purposes, and their accessibility; also an accurate chemical analysis 
of the various rocks, soils, ores, clays, peats, marls and other mineral 
substances of which a complete and exact record shall be made. 

§ 900. Meteorological statistics tabulated. The board of 
trustees shall also cause to be collected and tabulated such meteoro- 
logical statistics as may be needed to account for the varieties of climate 
in the various parts of the state; also to cause to be ascertained by baro- 
metrical observations or other appropriate means, the relative eleva- 
tions and depressions of the different parts of the state; and also on 
or before the completion of such surveys to cause to be compiled from 
such actual surveys and measurements as may be necessary an accu- 
rate map of the state; which map when approved by the governor 
shall be the official map of the state. 

§ 901 . Specimens collected. It shall be the duty of said board 



STATE OF NORTH DAKOTA. - 91 

to cause proper specimens, skillfully prepared, secured and labeled 
of all rocks, soils, ores, coals, fossils, cements, building stones, plants, 
woods, skins and skeletons of animals, birds, insects and fishes, and 
other mineral, vegetable and animal substances and organisms dis- 
covered or examined in the course of said surveys, to be preserved for 
public inspection free of cost, in the university of North Dakota, in 
rooms convenient of access and properly warmed, lighted, ventilated 
and furnished, and in charge of a proper scientific curator; and they 
shall also, whenever the same may be practicable, cause duplicates in 
reasonable numbers and quantities of the above named specimens, to 
be collected and preserved for the purpose of exchange with other 
state universities and scientific institutions, of which latter the 
Smithsonian institution at Washington shall have the preference. 

§ 902. Map of the state. The board shall cause a geological 
map of the state to be made as soon as may be practicable, upon which 
by colors and other appropriate means and devices the various geologi- 
cal formations shall be represented. 

§ 903. Annual report of trustees. It shall be the duty of the 
board, through its president, to make on or before the second Tuesday 
in December of each year, a report showing the progress of said 
surveys, accompanied by such maps, drawings and specifications as 
may be necessary and proper to exemplify the same to the governor, 
who shall lay the same before the legislative assembly, and the board 
upon the completion of any separate portion of any of the said surveys 
shall cause to be prepared a memoir or final report which shall embody 
in a convenient manner all useful and impertant information accumu- 
lated in the course of the investigation of the particular department 
or portion; which report or memoir shall likewise be communicated 
through the governor to the legislative assembly. 

§ 904. State geologist. The professor of geology in the uni- 
versity shall be ex officio state geologist. 

§ 904(7. Appropriation for expenses geological survey. 
There is hereby appropriated out of any funds in the state treasury 
not otherwise appropriated the sum of six hundred dollars bien- 
nially to meet the expenses of traveling and other necessary ex- 
penses connected with a geological survey of the state in accordance 
with the law providing for a geological survey. 

§ 904/;. Annual appropriation for maintenance. For the 
year 1899 and for each year thereafter, there is hereby appropriated 
out of any moneys in the state treasury, not otherwise appropriated, 
the sum of two-fifths of a mill upon the dollar of the assessed valua- 
tion of the property assessment of the state of North Dakota, as 
fixed by the state board of equalization for the preceding year, the 
same to be paid monthly to the board of trustees of the University 
of North Dakota upon the voucher of said board, signed by its pres- 
ident 



92 GENERAL SCHOOL LAWS, 



Aeticle 2. — Normal Schools. 

§ 905 . Normal schools located. The normal school as estab- 
lished and located at the city of Mayville in the county of Traill, and 
the normal school as established and located at the city of Valley 
City in the county of Barnes, shall continue to be the normal schools 
of the state. 

§ 906. EndowTQent and maintenance. All proceeds accu- 
mulating in the interest and income fund ar7"sing from the sale or 
rental of the lands granted or hereafter to be granted by the state of 
North Dakota, for such normal schools, are hereby pledged for the 
establishment and maintenance of such schools. 

§ 907. Management of. The government and management of 
such schools are vested in a board of trustees to be known as the 
board of trustees of the state normal schools, and in a board of man- 
agement for each school to be known as the board of management of 
the normal school at Mayville, and the board of management of the 
normal school at Valley City respectively. 

§ 908. Boards, ho'W constituted. The board of management 
for each normal school shall consist of five members. The board of 
trustees of such normal schools shall consist of twelve members, ten 
of whom shall be the members of the respective boards of manage- 
ment as herein provided. The governor and superintendent of public 
instruction shall be ex officio members of such board of trustees, and 
the superintendent of public instruction shall act as president of such 
board. 

§ 909. Terms of trustees. The governor shall by and with 
the advice and consent of the senate appoint during each biennial ses- 
sion of the legislative assembly, five members of such board of trus- 
tees who shall hold their office for four years commencing on the- 
second Tuesday in April following such appointment. The governor 
shall fill all vacancies therein by appointment for unexpired terms. 
At the first meeting of the board of management of each normal 
school the members thereof shall take and subscribe the oath of office 
required of all civil officers and shall proceed to elect a president who 
shall reside in the vicinity of such normal school, and the principal 
of the school shall be the secretary of the board but shall have no 
vote. In the absence of the principal the board may select one of its 
members to act as secretary. A majority of the members of the board 
of management shall constitute a quorum for the transaction of 
business. 

§ 910.0 Commissions. Secretary. The governor shall cause 
to be issued to each of the members of the board of trustees a com- 
mission under the great seal of the state, and such commission shall 
designate the board of management upon which such members shall 
serve. At the first meeting of the board the members thereof shall 
proceed to select and appoint a secretary of the board. A majority 
of the members of the board of trustees shall constitute a quorum for 
the transaction of business. 



STATE OF NORTH DAKOTA. 93 

§ 911. Meetings. Compensation. The board of trustees 
shall meet at Valley City and at May ville or at the seat of government 
at such time each year as may be decided upon by the board. The 
members of the board shall receive their actual and necessary expenses 
in attending meetings of the board or in other duties connected there- 
with, which expenses shall be paid out of the state treasury upon the 
vouchers of the board approved by the state auditor, who shall issue 
his warrant upon the state treasurer for the amount so approved. 
The board of trustees shall not be in session for exceeding eight 
days in any one year nor either board of management to exceed 
twelve days during each year. The secretary of the board of trustees 
shall receive such salary as shall be determined by the board not 
exceeding one hundred dollars a year and his actual expenses incurred 
in attending meetings of the board, which shall be paid as herein pro- 
vided for members of the board of trustees. 

§ 912. Treasurer to keep funds. All moneys arising from 
the interest and income derived from the rental and sale of the lands 
appropriated to such schools and all moneys that may hereafter be 
approx^riated by the state, including all moneys raised in any other 
manner for either of such schools shall be deposited with the state 
treasurer, to be by him kept in two separate funds, to be known as 
the fund of the state normal school at Mayville, and the fund of 
the state normal school at Valley City, respectively, and such funds 
shall be used exclusively for the benefit of such schools. 

§ 913. Objects of normal schools. The objects of such nor- 
mal schools shall be to prepare teachers in the science of education 
and the art of teaching in public schools. The board of trustees, 
with the assistance of the respective faculties, shall adopt the full 
course of study prescribed for that purpose, which shall embrace the 
academic and professional studies usually taught in normal schools. 
Such schools shall in all things be free from sectarian control. 

§914. Duties of board as to appropriations. The board of 
management of each normal school shall direct the disposition of all 
moneys appropriated by the legislative assembly for current expenses 
for such school, and shall have supervision and charge of the con- 
struction of all buildings authorized by law for such school, and shall 
direct the disposition of all moneys appropriated therefor or accumu- 
lating therefor as provided in this article. They shall have power to 
appoint one of their members superintendent of construction of all 
buildings, who shall receive three dollars per day for each day actually 
and necessarily engaged in the discharge of his duties, not to exceed 
fifty days in any one year, which sum shall be paid outof the state 
treasury as herein provided; but all expenditures incurred under the 
direction of either of the boards aforesaid shall be audited and 
allowed by such board of management and the expenditures incurred 
under the direction of the board of trustees aforesaid shall be audited 
and allowed by such board. 

§ 915. Salaries of employees. Reports. The board of man- 
agement of each normal school shall have the care of the buildings 



94 GENERA!^ SCHOOL LAWS, 

belonging to such, school. It shall have power to fix the salaries of 
employees, except members of the faculty, and to prescribe their 
respective duties, and to remove any of such employees at any time. 
It shall at such times as may be determined upon propose to the 
board of trustees the names of persons as principal, teachers and 
instructors, with the recommendation that such persons be employed 
by such board of trustees as the faculty of such school. It shall on 
or before the third Monday in November of each year, make an 
annual reDort to the board of trustees, showinar a statement of all 
expenditures of funds under its direction, the erection and care of 
buildings, the condition of the schools, and containing such recom- 
mendations as they may think proper. 

§ 916. Salaries of principal and teachers. The board of 
trustees shall fix the salaries of the principal, teachers and instructors^ 
and shall employ the persons therefor that have been recommended 
by the respective boards of management, unless in the opinion of the 
board of trustees a reasonable ground exists for refusing to employ 
such person. The board of trustees shall prescribe the time and the 
length of the various terms of such schools. 

§917. The faculty, duties of. The faculty shall consist of the 
principal, teachers and instructors employed for each school as herein 
provided. They shall pass all needful rules and regulations for the 
government and discipline of the schools, regulating the routine of 
labor, study, meals and the duties and exercises and such other rules 
and regulations as are necessary for the preservation of morals, 
decorum and health. They shall carry out the course of study 
adopted by the board of trustees and shall arrange for the classifica- 
tion of all pupils in conformity therewith. 

§ 918. Duty of principal. The principal shall be the chief 
executive officer of the school and it shall be his duty to see that all 
the rules and regulations are executed. The subordinate officers and 
employees shall be under his direction and supervision. 

§ 919. Annual report of faculty. The faculty shall, on or 
before the third Monday in October in each year make an annual 
report to the board of trustees showing the general condition of the 
school and containing such recommendations as the welfare of the 
institution demands. 

§ 920. Biennial reports to governor. The board of trustees 
shall make a report to the governor on or before the fifteenth day of 
November next preceding each biennial session of the legislative 
assembly, containing the several reports of the boards of management 
and faculties herein provided for, showing the condition of the funds 
appropriated for the school, the money expended and the purpose for 
which the same was expended, in detail, and showing the condition 
of the normal schools generally. 

§ 921. Diplomas. The board of trustees and the respective 
faculties of each school shall have power to issue diplomas to all per- 
sons who shall have completed the course of study prescribed for the 



STATE OF NORTH DAKOTA. 95. 

normal schools as herein provided, and who shall have passed a satis- 
factory examination under the direction of the board of trustees, upon 
the branches contained in such course, and who shall be known to 
possess a good moral character, which diploma shall set forth the 
above mentioned facts and shall be designated the state normal school 
dij)loma. 

§ 922. State professional certificate. Any person who is the 
holder of such a diploma and who can furnish satisfactory evidence 
to the superintendent of public instruction that he has had three 
years' sucessf u] experience as a teacher, shall be granted by the super- 
intendent of public instruction a state professional certificate, valid 
for life, as provided by law, and any such person who can furnish 
satisfactory evidence of one year's successful experience as a teacher 
shall be granted such certificate, valid for five years, as provided by 
law. The fees for such certificate shall be as provided by law. 

Article 4. — Agricultueal College. 

§ 934. Location of. The agricultural college shall continue as 
now established and located at Fargo in the county of Cass. 

§ 935. Management of. The government and management 
of such college is vested in a board of trustees to be known as the 
board of trustees of the agricultural college. 

§ 936. Board of trustees, how appointed. Vacancies. 
The board of trustees shall consist of seven members, to be appointed 
as follows: During each biennial session of the legislative assembly 
there shall be nominated by the governor and, by and with the advice 
and consent of the senate, appointed for the term of four years, 
trustees to fill vacancies occurring by the expiration of the term of 
office of those previously appointed. The governor shall have power 
to fill all vacancies in such board which occur when the legislative 
assembly is not in session, and the members of such board shall hold 
their office until their successors are appointed and qualified as pro- 
vided in this article. Persons appointed to fill vacancies shall hold 
office only until the first Tuesday in April succeeding the next session 
of the legislative assembly. 

§ 937. Commission. Oath. Organization. The governor 
shall cause to be issued to each trustee so appointed a commission 
under the great seal of the state. At the first meeting of such board 
the members thereof shall take and subscribe the oath of office 
required of other civil officers and shall then proceed to elect a presi- 
dent, secretary and treasurer, but the treasurer shall not be a member 
of the board. A majority of the members of the board shall consti- 
tute a quorum for the transaction of business. The board shall 
require a bond of its treasurer in such an amount and with such 
sureties as it may deem proper. 

§ 938. Meetings, where held. Compensation of trustees. 
The board shall hold its meetings at the city of Fargo at such times 
as it may designate, but there shall not be to exceed six regular 
meetinsfs each year; provided, that the president of the board shall 



■96 GENERAL SCHOOL LAWS, 

have power to call special meetings whenever in his judgment it 
becomes necessary. The members of the board shall receive as com- 
pensation for their services the sum of three dollars per day for each 
day employed and five cents per mile for each mile actually and neces- 
sarily traveled in attending the meetings of the board, which sum 
shall be paid out of the state treasury upon vouchers of the board 
duly certified by the president and secretary thereof. 

§ 939. Duties of board. Such board shall direct the dispo- 
sition of all moneys appropriated by the legislative assembly or by the 
congress of the United States, or that may be derived from the sale 
of lands donated by congress to the state for such college, or that may 
be donated to or come from any source to the state for said college, or 
experiment station for North Dakota, subject to all restrictions imposed 
upon such funds either by the constitution or laws of the state ox by 
the terms of such grants from congress, and shall have supervision 
and charge of the construction of all buildings authorized by law for 
such college and station. The board shall have power to employ a 
president and necessary teachers, instructors and assistants to conduct 
such school and carry on the experiment station connected therewith 
and to appoint one of its members superintendent of construction of 
all buildings, who shall receive three dollars per day for each day 
actually and necessarily engaged in the discharge of his duties, not 
to exceed fifty days in any one year, which sum shall be paid out of 
the state treasury upon the vouchers of said board. 

§ 940. Course of instruction. The object of such college shall 
be to afford practical instruction in agriculture and the natural sciences 
connected therewith, and in the sciences which bear directly upon 
all industrial arts and pursuits. The course of instruction shall 
embrace the English language and literature, mathematics, military 
tactics, civil engineering, agricultural chemistry, animal and vegetable 
anatomy and physiology, the veterinary art, entomology, geology and 
such other natural sciences as may be prescribed, political, rural and 
household economy, horticulture, moral philosophy, history, book- 
keeping and especially the application of science and the mechanic 
arts to practical agriculture. A full course of study in the institution 
shall embrace not less than four years, and the college year shall con- 
sist of not less than nine calendar months, which may be divided into 
terms by the board of trustees as in its judgment will best secure the 
objects for which the college was founded. 

§ 941. Board of trustees to JBlx salaries. The board of trus- 
tees shall fix the salaries of the president, teachers, instructors and 
other employees and prescribe their respective duties. The board 
shall -also fix the rate of wages to be allowed the students for labor on 
the farm and experiment station or in the shops or kitchen of the 
college. The board may remove the president or subordinate ofELcers 
and supply all vacancies. 

§ 942. Faculty to adopt rules and regulations. The faculty 
shall consist of the president, teachers and instructors and shall pass 
all needful rules and regulations for the government and discipline of 



STATE OF NORTH DAKOTA. 97 



the college, regulating the routine of labor, study, meals and tha 

duties and exercises, and all such rules and regulations as are neces- 
sary for the preservation of morals, decorum and health. 

§ 943. Duties of president. The president shall be the chief 
executive officer of the college and it shall be his duty to see that all 
rules and regulations are executed, and the subordinate officers and 
employees not members of the faculty shall be under his direction and 
supervision. 

§ 944. Faculty to make annual report to board. The 
faculty shall make an annual report to the board of trustees on or 
before the first Monday in November of each year, showing the con- 
dition of the school, experiment station and farm and the results of 
farm experiments and containing such recommendations as the welfare 
of the institution demands. 

§ 945. Annual report to governor. The board of trustees 
shall on or before the fifteenth day of November in each year make a 
report to the governor setting forth in detail the operations of the 
experiment station, including a statement of the receipts and expend- 
itures, a copy of which report shall be sent by the govemoi to the 
commissioner of agriculture and to the secretary of the treap^^ry of 
the United States, and the board shall also make a report to the 
governor on or before the fifteenth day of November next preceding 
each biennial session of the legislative assembly, containing a financial 
statement showing the condition of all funds appropriated for the 
use of such college and experiment station, also the moneys expended 
and the purposes for which the same were expended, in detail, also 
the condition of the institution and the results of the expenments 
carried on there. 

§ 946. Honorary degrees may be conferred. The board 
and the faculty shall have power to confer degrees upon all persons 
who shall have completed the course of study prescribed by them, 
and who shall have passed a satisfactory examination in the branches 
contained in such course, and who possess a good moral character, 

§ 947. Experiment station. The agricultural experiment 
station heretofore established in connection with such college is con- 
tinued and the same shall be under the direction of the board of 
trustees of such college, for the purpose of conducting experiments 
in agriculture according to the provisions of section 1 of the act of 
congress approved March 2, 1887, entitled "An act to establish agri- 
cultural experiment stations in connection with the colleges estab- 
lished in the several states under the provisions of an act approved 
July 2, 1862, and of the acts supplementary thereto." 

§ 948. Legislative assent to grant by congress. The 
assent of the legislative assembly is hereby given in pursuance of the 
requirements of section 9 of said act of congress, approved March 2, 
1887, to the grant of money therein made and to the establishing of 
an experiment station in accordance with section 1 of said last men- 



98 GEiNEiRAL SCHOOL LAWS, 



tioned act, and assent is hereby given to carry out the provisions of 

said act. 

8 949. Acceptance of land grant. The grants of land accru- 
ing to this state by virtue of an act of congress donating public lands 
for the ase and support of agricultural colleges approved February 
22, 1889, is hereby accepted with all the conditions and provisions m 
said act contained, and said lands are hereby set apart for the use and 
:support of the^collegeS|herein provided for. 

§ 950. Bond of treasurer. The treasurer of such college shall 
give a bond in the sum of fifty thousand dollars with at least four 
sureties to be approved by the board of trustees of such college, con- 
ditioned for the faithful accounting of all moneys received by him aa 
such treasurer. 

Article 5, — Deaf and Dumb Asylum. 

§ 951. Liocation, The deaf and dumb asylum as located by the 
constitution at Devils Lake shall continue to be the institution for 
the support and education of the deaf and dumb children of the state. 

§ 953. Board of trustees, how appointed. Such institution 
shall be under the supervision of a board of trustees consisting of five 
members, who shall be appointed by the governor by and with the 
advice and consent of the senate. At each biennial session of the 
legislative assembly the governor shall nominate and, by and with the 
advice and consent of the senate, appoint for the term of four years, 
trustees to fill vacancies occurring by the expiration of the term of 
office of those previously appointed, and the governor shall have power 
to fill all vacancies in the board which occur when the legislative 
assembly is not in session, and the members of such board shall hold 
their office for the term of four years commencing on the first Tues- 
day in April succeeding their appointment, and until their successors 
are appointed and qualified, except members appointed to fill vacancies 
during the recess of the legislative assembly, which members shall 
hold only until the first Tuesday in April succeeding the next regular 
session of the legislative assembly, 

§953. Organization. Meetings. Such trustees shall meet in 
the city of Devils Lake. They shall choose from among their num- 
ber a presid«,nt and secretary, who shall hold office for two years, and 
until their successors are appointed and qualified. Three members 
of the board shall constitute a quorum for the transaction of business 
Such board shall meet annually in the month of April and as often 
thereafter as may be deemed necessary for the proper transaction of 
business, upon the call of the president or secretary. 

§ 954. Oath. Duties of officers of boiard. Each member of 
the board shall before entering upon his duties take and subscribe the 
oath required of other civil officers, which oath shall be filed in the 
office of the secretary of state. The president shall preside at all 
meetings of the board when present and in his absence a president 



STATE OF NORTH DAKOTA. 99 

pro tempore may be named to perform the duties of president. The 
secretary shall keep a correct record of the proceedings of the boara 
and have charge, in trust for the institution, of all papers and records 
of the same. 

§ 955. Board to direct disposition of moneys. The board 
shall direct the disposition of all moneys appropriated by the legisla- 
tive assembly or received from any other source for the benefit of 
8uch institution. 

§956. Duties of board. Such board shall have general super- 
vision of the institution, adopt rules for the government thereof, 
employ and fix the salaries of all employees, provide necessaries for 
the institution and perform other duties, not devolving upon the prin- 
cipal, necessary to render it efficient and to carry out the provisions 
of this article. 

§957. Indebtedness limited. The board shall not create any 

indebtedness against such institution exceeding the amount appropri- 
ated by the legislative assembly for the use thereof. 

§ 958. Compensation of members of board. The members 
of the board shall receive as compensation for their services three 
dollars per day for each day employed, and five cents per mile for 
each mile actually and necessarily traveled in attending meetings of 
the board, to be paid out of the state treasury upon vouchers of the 
board duly certified by the president and secretary thereof. 

§ 959. Fee for nonresident children. Deaf and dumb children, 
not residents of this state, of suitable age and capacity, shall be 
entitled to an education in such school on payment to the state treas- 
urer of the sum of one hundred and eighty dollars per annum, in 
advance, but such children shall not be received to the exclusion of 
children of this state. 

§960. Residents entitled to education free . Each deaf and 
dumb person, who is a resident of this state, of suitable age and 
capacity, shall be entitled to receive an education in such institution 
at the expense of the state. 

§ 961. Deaf to be reported to principal of school. The 
assessors in each county shall annually report to the county auditor 
the names, ages, post office address and names of parents or guardian 
of each deaf and dumb person between the ages of five and twenty- 
five years residing in his district, including all such persons as may be 
too deaf to acquire an education in the common schools, Such county 
auditor shall, on or before the first day of August in each year, send a 
list containing the names, ages and residences of all such persons to 
the principal of the school. 

§ 962. Accounts for clothing, how collected. When the 

pupils of such institution are not otherwise provided or supplied with 

suitable clothing, they shall be furnished therewith by the principal, 

who shall make out an account thereof in each case against the parent 

. or the guardian, if the pupil is a minor, and against the pupil if he 

has no parent or guardian or if he Jias attained the age of majority; 



IQQ GENERAL SCHOOL LAWS, 



which account shall be certified to be correct by the principal, and when 
so certified such account shall be presumed correct in all courts. The 
principal shall thereupon transmit such account by mail to the county 
treasurer of the county from which the pupil so supplied shall have 
come ; and such treasurer shall proceed at once to collect the amount 
by suit in the name of his county, if necessary, and pay the same into 
the state treasury. The principal shall at the same time remit a 
duplicate of such account to the state auditor, who shall credit the 
same to the account of the school and charge it to the proper county, 
provided, that if it shall appear by the affidavit of three disinterested 
citizens of the county, not of kin to the pupil, that such pupil or his- 
parents would be unreasonably oppressed by such suit, then such 
treasurer shall not commence such action, but shall credit the same 
to the state on his books and report the amount of such account to 
the board of county commissioners of his county, which board shall 
levy a sufficient tax to pay the same to the state and cause the same 
to be paid into the state treasury. 

§ 963. Transportation of indigent persons, how paid. 

The board of county commissioners shall order to be- paid the 
expenses of transportation to and from such institution of any indi- 
gent deaf and dumb children entitled to admission thereto, and they 
shall at the time of levying other taxes, levy a tax sufficient to reim- 
burse the county therefor. In order to avoid long delay in transport- 
ing indigent children to and from the institution, the principal may, 
upon correspondence with the auditor of such county, pay such trans- 
portation and forward to such county auditor an itemized statement 
of the expenses. The board of county commissioners shall'"order the 
county treasurer to draw his warrants for such amount in favor of the 
principal of the institution, who shall account for such money as pro- 
vided by law. 

§ 964. Faculty. Duties of principal. The officers of the 
institution shall be a principal and a matron. The principal shall be a 
capable person, skilled in thesign language and all the methods in use in 
educating the deaf, and shall have knowledge of the wants and require- 
ments of the deaf in their proper training and instruction. _ The 
principal and matron must reside at the institution. The principal 
shall receive a salary of not less than fifteen hundred dollars per 
annum. The principal shall annually make to the board of trustees 
a written report stating in full the true condition of the educational, 
the domestic and the industrial departments of the institution and 
his action and proceedings therein, which report shall be embraced 
in the report of the trustees to the governor. He shall keep and have 
charge of all necessary records and registers of each department and 
have the supervision of teachers, pupils and servants and perform 
Buch other duties as the board may require. He may recommend and 
with the approval of the board employ all assistants needed therein. 
He shall have special charge of the male pupils, out of school hours^ 
and shall furnish them with employment about the premises or in. 



STATE OF NORTH DAKOTA. 101 

some trade to which the}'' are adapted when such trades have been 
organized and established at the institution by the trustees and pro- 
vision for their maintenance made by the legislative assembly. The 
proceeds and products arising froim the labor and employment of 
the pupils shall inure to the use and benefit of the institution. 

§ 965. Duty of matron. The matron of the school shall have 
control of the internal arrangement and management of the insti- 
tution and of the female pupils, out of school hours. She shall in- 
struct the female pupils in the domestic arts or in some trade to 
which they are adapted, under the direction of the principal. 

§ 966. Board to make biennial reports. The board of 
trustees shall on or before the fifteenth day of November preceding 
each regular session of the legislative assembly make a full and 
com)plete report to the governor, showing: 

1. A statement of the financial condition of the institution froim 
the date of the last report, giving in detail the amount of moneys 
received from all sources and the amount expended. 

2. The value of real estate and buildings at the date of the last 
report and the cost of improvements made, if any, since such re- 
port. 

3. The number of pupils in attendance, their names, ages, resi- 
dences, and cause of deafness: also the number that have entered 
the institution, and the numtoer of those who have left since the 
last report. 

4. The number and cause of deaths, if any, which have occurred 
in the institution since the last report. 

5. The imiprovement, health and discipline of the pupils. 

6. The names of the officers, teachers and servants employed. 

7. All other needful information touching such matters as may 
be deemed of interest. 

8. Such recommendations as may be deemed needful. 

§ 966a. Providing for equipment. To provide for the erection 
and equipment of additional necessary buildings for the deaf and 
dumib asylum at the city of Devils Lake, in the county of Ramsey, 
the board of trustees of such asylum may receive such sum or sums 
of money as can be actually used in the construction of permanent 
buildings and other needed and necessary improvements to be 
made and expense incurred in connection therewith, not exceed- 
ing the sum of twenty thousand dollars, and to each person, 
association, organization or corporation so subscribing and ad- 
vancing money as aforesaid, the said board of trustees shall issiue a 
certificate, stating the date of issue and the amount of such sub- 
scription, which said certificate shall bear interest at a rate of inter- 
est not exceeding six per cent per annum, and shall be made 
payable from the funds to accumulate in the interest and income 
fund arising from interest on permanent fund or from rents re- 
ceived from any land set apart for said asylum, or from any ap- 
proipriation that may hereafter be made for that purpose; 
provided, that until a sufficient amount of money accumulates 
in the fund provided for that purpose, with which to 



102 GiJNERAL SCHOOL LAWS, 

pay said certificates, the holders thereof shall each be paid a pro 
rata share of such fund to be paid out on said indebtedness; pro- 
vided further, that no part of any appropriation hereinafter to be 
made from the funds of the state of North Dalvota, unless specific- 
ally appropriated for that purpose, shall ever be used in payment of 
said indehtedness or any part thereof. 

§ 966(5. Disposition of money received. All money that 
shall arise from the interest received on all moneys derived from the 
sale of lands hereinbefore or that may hereafter be appropriated 
for said deaf and dumb asylum, including all money that may be re- 
ceived from the renting of said land and all moneys that may be 
hereafter appropriated for said deaf and dumb asylum, by the state 
of North Dakota, including all money raised in any other manner 
or donated to said asylum, shall be deposited with the state treas- 
urer, to be kept by him in a separate fund, which shall be known 
as the deaf and dumb asylum fund, and be used exclusively for the 
(benefit of said deaf and dumb asylum as may he herein or herein- 
after provided. 

§ 966c. Books open to inspection. Every duty and contract 
to be performed by said trustees must receive the approval of the 
majority of the board in regular session duly called, in order to 
make binding and valid. All proceedings of said board shall be 
recorded in a book kept for that purpose, and open to the inspec- 
tion of anybody on request. 

§ 966*^. Itemized vouchers. All money that may come into 
the treasury of the state of North Dakota, and credited to the deaf 
and dumb asylum, shall be paid out to the persons entitled thereto, 
and the state auditor is hereby directed to draw his warrant on the 
funds in the hands of the state treasurer belonging to said deaf and 
dumb asylum upon the w^ritten order of the said board of trustees, 
which order shall be accompanied by itemized vouchers for the full 
amount of such order; provided, no such order shall be issued un- 
til there is cash in the treasury wdth which to pay the same. 

§ 966c. No compensation. The trustees shall receive no com- 
pensation for performing the duties herein prescribed. 

Article 6. — Blind Asylum. 

§ 967. Location and government. There is hereby estab- 
lished and located at Bathgate in Pembina county, a blind asylum, 
which shall be known by the name of the North Dakota Blind Asy- 
lum. The government and management of said asylum is hereby 
vested in a board of trustees consisting of five members, which shall 
be styled the Board of Trustees of the North Dakota Blind Asylum. 

§ 968. Trustees, how appointed. Length of term. The 
members of the board shall be nominated by the governor, and, by 
and with the advice and consent of the senate, shall be appointed 
on or before the third Monday of February of each biennial session 
of the legislative assembly, for a period of four years from said 



STATE OF NORTH D^VIvOTA. 103 



date ; provided, however, that the first board of trustees shall be 
appointed b}' the governor at once upon the taking effect of this 
article; provided, further, that the terms of the first board shall 
be, three members for the period of four years, and two members for 
the period of two years, the length of the term of the respective 
trustees to be designated by the governor in making the appoint- 
ments. Such appointments shall be made by and with the advice 
and consent of the senate, when the legislative asseijibly is in ses- 
sion; otherwise, the trustees appointed shall qualify and hold office 
until their successors are appointed and qualified. The governor 
shall have power to fill all vacancies which may occur in said board 
when the legislative assembly is not in session, and the members 
of said board shall hold their office until their successors are ap- 
pointed and qualified as provided herein. 

§ 969. Organization of board. Quorum. The governor 
shall cause to be issued to each of said trustees a commission, which 
shall be under the great seal of the state. At the first meeting of 
said board the members thereof shall take and subscribe the oath 
of office required of all civil officers and shall then proceed to elect 
a president, secretary and treasurer, but the treasurer need not be 
a member of the board. A majority of the trustees shall constitute 
a quorum for the transaction of business. The board shall require 
a bond of its treasurer and fix the amount thereof. 

§970. Meetings of board. Compensation. The board shall 
hold its meetings at Bathgate and fix the time of holding the same; 
provided, there shall not be to exceed twelve regular meetings in 
each year. The members of the board shall receive as compensation 
for their services three dollars per day for each day employed, not 
to exceed twentj'-four days in any one year, and five cents per mile 
for each mile actually and necessarily traveled in attending the 
meetings of the board, which sum shall be paid out of the state 
treasury on the vouchers of said board; provided, that until such 
time as the legislative assembly shall make an appropriation for the 
construction and maintenance of such asylum, or until there shall 
be derived from the interest on the proceeds of sales of or rents 
derived from .the thirty thousand acres appropriated for this asy- 
lum, sufficient funds to construct and maintain such asylum, the 
sum of five thousand dollars, the trustees appointed under this 
article shall receive no compensation whatever, nor shall they issue 
their warrant upon the state treasury for any purpose whatever. 

§971. Proceeds from land grant. The thirty thousand acres 
of land donated b}' congress for the purpose of such blind asylum 
and appropriated by the constitution of this state therefor, and all 
moneys received from the interest and income derived from the 
sales of such lands or rents derived from the leasing of such lands, 
are hereby appropriated for the construction and maintenance of 
said asylum. 

§ 972. By-laws and rules of regulation. The board shall 



104 GBNElRAL SCHOOL LAWS, 

direct the disposition of all moneys appropriated by the legislative 
assembly or the interest on all moneys that may be derived from 
the sale, or the rent derived from the leasing of land donated by 
congress to this state and by the constitution of the state appro- 
priated for such asylum, and shall have supervision and charge of 
the construction of all buildings provided for or authorized by law 
for said asylum. Said board shall have power to enact by-laws 
and rules for. the regulation of all its concerns not inconsistent 
with the laws of this state, to see that its affairs are conducted in 
accordance with the requirements of law; to provide employment 
and instruction for the inmates; to appoint a superintendent, a 
steward, a matron, a teacher or teachers, and such other officers 
as in its judgment the wants of the institution may require, and pre- 
scribe their duties; to exercise a general supervision over the insti- 
tution, its officers and inmates, fix the salaries to be paid to the 
officers and to order their removal, upon good cause. 

§ 973. Reports, when made. The board shall make a report 
to the governor on or before the last Monday iji December next pre- 
ceding each biennial session of the legislative assembly, containing 
a financial statement showing the condition of all funds appro- 
priated for the asylum; also the money expended and the purpose 
for which the same was expended in detail; also showing the condi- 
tion of the institution generally. 

§ 973<:7. Instruction of blind children. Until otherwise pro- 
vided the governor is hereby authorized to contract with the state 
of South Dakota, or with the state of Minnesota, for the care and 
instruction of blind children of school age, and shall authorize the 
:state auditor to issue warrants upon the state treasury for that 
purpose. 

Article 7. — Industrial School. 

;§ 974. Location of school. The industrial school as estab- 
lished and located at the city of Ellendale, Dickey county, North 
Dakota, shall continue to be an industrial school and a school for 
manual training, the object of such industrial school to be in- 
struction in the comprehensive way in wood and iron work and the 
various other branches of manual training, cooking, sewing, model- 
ing, art work and the various other branches of domestic econo ixj 
as a co-ordinate branch of education together with mathematics, 
drawing and other necessary common school studies. 

§ 975. Endowment. All proceeds accumulating in the interest 
and income fund arising from the sale or leasing of all lands 
granted or hereafter to be granted by the state of North Dakota or 
by the constitution of the state of North Dakota for the said indus- 
trial school, are hereby pledged for the establishment and mainten- 
ance of said industrial school. 

§ 976. Management. The management and government of such 



STATE OF NORTH DAKOTA. 105 

school shall be vested in a board of trustees, consisting of 'Ave 
members, two of whom shall be residents of Dickey county, to be 
known as the board of trustees of the industrial school, and to be 
appointed as provided in this section. The members of the board 
shall be nominated by the governor and by and with the consent 
of the senate, shall be appointed on or before the third Monday in 
February of each biennial session of the legislative assembly, for a 
period of four years from said date; provided, however, that the first 
board of trustees shall be appointed by the governor at once upon 
the taking effect of this article, and provided, further, that the term 
of the first board shall be, three members for a period of four years 
and two members for a period of two years, the length of the term 
of the respective trustees to be designated by the governor in mak- 
ing the appointments. Such appointments shall be made by and 
with the consent of the senate, when the legislative assembly is in 
session, otherwise the trustees appointed shall qualify and hold 
office until their successors are appointed and qualified. The gov- 
ernor shall have power to fill all vacancies which may occur in said 
board when the legislative assembly is not in session, and the mem- 
bers of said board shall hold their office until their successors are 
appointed and qualified as provided herein. 

§ 977. Meetings of board. Compensation. The board 
shall hold its meetings at the city of Ellendale, in Dickey county, 
and fix the time for holding the same. They shall not hold to ex- 
ceed six regular meetings each year, provided, that the president 
of the board shall have power to call special meetings, whenever 
in his judgment it becomes necessary. At their first meeting they 
shall proceed to elect a president and a secretary, but the secretary 
need not be a member of the board of trustees, and at said meeting 
they shall adopt a seal for said state industrial school. A major- 
ity of the board shall be a quorum. Each trustee and the secretary 
shall receive three dollars per day for each day necessarily employed 
in attendance upon sessions of the board, and five cents per mile 
for each mile necessarily traveled, to be paid on presentation of 
proper vouchers containing an itemized statement of the number 
of days in attendance and miles actually traveled as above pro- 
vided, duly verified by his oath and approved by the president -and 
secretary of the board, and the state auditor shall audit such 
elaims and draw his warrants upon the state treasurer for the 
amounts so allowed. 

§ 978. Oath. Bond. Plans and specifications. Before 
entering upon the duties of his office each member of said board of 
trustees shall take and subscribe an oath as follows: "I do sol- 
emnly swear that I will support the constitution of the United 
States and the constitution of the state of North Dakota, and will 
faithfully discharge the duties of board of trustees of the state 
industrial school according to the best of my ability; that I have not 
received and will not knowingly and intentionally, directly or in- 



106 GEiNERAL SCHOOL LAWS, 

directly, receive any money or other consideration from any source 
whatever for any vote or influence I may give or withhold or for 
any other official act I may perform as such trustee, except as herein 
provided." He shall also execute a bond in the penal sum of three 
thousand dollars, for the use and benefit of the state of North Da- 
kota, with two or more good and sufficient sureties to be approved 
by the governor, and be filed with the secretary of state, conditioned 
upon the faithful performance of his duties and the honest and 
faithful disbursement of and accounting for all moneys which may 
come into his hands under the provisions of this article. The mem- 
bers of said board having taken the foregoing oath and executed 
the bond as aforesaid are hereby empowered and required to cause 
to be prepared suitable plans and specifications by a competent 
architect. Such plans shall contemplate the erection of a building 
or buildings which will accommodate not less than one hundred nor 
more than five hundred students, and shall be accompanied by spec- 
ifications and by a detailed estimate of the amount required and de- 
scription of all material and labor required for the erection and full 
completion of the building or buildings; and no plan shall be 
adopted that contemplates the expenditure of more money for its 
completion that the amount reasonably necessary to carry out the 
object of said institution. 

§ 979. Superintendent of construction. Proposals for 
building. The said board of trustees shall employ the archi- 
tect whose plans and specifications are accepted to act as sup- 
erintendent of construction, who shall receive for such plans and 
specifications and for superintending construction such pay as the 
board by agreement shall determine. Which pay shall not exceed 
an amount equal to five per cent of the estimated cost of said build- 
ing. Whenever the said plans and specifications shall have been 
approved and adopted by a majority of the board of trustees they 
shall cause to be insei-ted in at least two of the daily newspapers 
published in the state of North Dakota, and having a general circu- 
lation therein an advertisement for sealed bids for the construction 
of the buildings herein authorized, and they shall furnish a printed 
copy of this article, and a copy of the plans and specifications to any 
person or persons applying therefor; provided, said trustees may 
advertise as aforesaid whenever there shall be a sufficient amount 
of money to the credit of said industrial school with which to con- 
struct all or any part thereof deemed expedient by said trustees to 
erect or construct; provided, further, that said building or build- 
ings shall be erected on the piece or parcel of land at or near the 
city of Ellendale, in Dickey county, donated by the citizens of said 
city, and now held in fee simple by the state of North Dakota. No 
trustees or officers of said industrial school shall be in any way in- 
terested in any contract for the erection of said building or build- 
ings or furnishing any material for said buildings, and if any such 
officer be so interested he shall be deemed guilty of a misdemeanor 



STATE OF NORTH DAKOTA. 107 

and on conviction be fined in any sum not exceeding five thousand 
dollars. 

§ 980. Bonds. Interest. To provide for the erection and 
maintenance of said state industrial school the said board of trus- 
tees may issue bonds for such sum or sums of money as can bo 
actually used in the construction of permanent buildings and other 
needed and necessary improvements to be made for the maintenance 
of said state industrial school not exceeding the sum of fifteen 
thousand dollars; said bonds shall be in denominations of one thous- 
and dollars each, and be made payable to the purchaser or bearer^ 
be payable in not less than ten years or more than thirty years from 
the date of their issue and bear interest at a rate not exceeding five 
per cent per annum, payable semi-annually on the first of January 
and July of each year, v^ith coupons attached for each interest pay- 
ment, and they may be made payable anywhere in the United States. 
Such bonds shall be executed under the seal of the board of trus- 
tres of the state industrial school, shall be attested by the president 
and secretary of said board, and when executed shall be delivered 
to the state treasurer. The treasurer shall receive sealed proposals 
for the purchase of the same and shall give public notice of the sale 
for at least thirty days preceding such sale in two or more news- 
papers of general circulation, one of which shall be published in the 
city of New York, giving date of such sale, and such bonds shall 
be sold to the highest bidder for cash. Said bonds and interest 
shall be paid from the interest and income fund belonging to the 
state industrial school, to be accumulated from the sale of lands 
hereinbefore appropriated, or from the rental of such lands; pro- 
vided, that if at any time there shall not be sufficient money in such 
fund to pay such interest, there is hereby appropriated out of the 
state treasury from funds not otherwise appropriated, a sum suf- 
ficient to meet the deficiency for the payment of such interest; pro- 
vided, further, that a sufficient amount of the funds accumulating 
in the interest and income fund of the state industrial school shall 
be used and applied solely for the payment of the interest on such 
bonds, and for the creation of a sinldng fund with which to pay 
such bonds at maturity. 

§ 981. Treasurer to keep funds. Accounts, how audited. 
All monej's that may accrue from the interest and income derived 
from the renting and sale of lands hereinbefore appropriated and 
all moneys that may hereafter be appropriated by the legislative 
assembly of North Dakota, including all monej s raised in any other 
manner for said school, shall be deposited with the state treasurer, 
to be by him kept in a separate fund^ which shall be known as the 
state industrial school fund; and such funds shall be used exciu- 
sively for the benefit of said school, as may be herein or hereinafter 
provided. The board of trustees of the state industrial school shall 
audit all accounts against the funds appropriated by the legislative 
assembly of the state of North Dakota, or held by the state for the 



108 GENERA!^ SCHOOL LAWS, 

use of the state industrial school, and the state auditor shall issue 
his warrant upon the state treasurer for the amount of all accounts 
which have been so audited and allowed by the board of trustees 
and attested by the president and secretary of said board. The 
board of trustees of the state industrial school shall direct the dis- 
position of all moneys appropriated, or that may hereafter be appro- 
priated by the legislative assembly of the state of North Dakota, or 
may hereafter accumulate in au}^ manner in the state industrial 
school fund. The board shall have the power to receive all dona- 
lions, gifts and bequests that may be offered or tendered to or for 
the benefit of such school, and dispose of the same. All moneys com- 
ing into the hands of such board shall be immediately covered into 
the state treasury to the credit of the state industrial school fund. 

§ 982. Faculty. The board of trustees shall have power to 
employ a president and necessary teachers, instructors and assist- 
ants to conduct such school, and to prescribe their respective duties 
and to fix the salaries of such employees. They shall have power to 
remove the president, instructors and assistants and to fill all va- 
cancies. The faculty shall consist of the president, teachers and in- 
structors, and it shall pass all needful rules and regulations for the 
government and discipline of the school and all such rules and reg- 
ulations as are necessary for the preservation of morals, decorum 
and health. 

§ 983. Reports. The faculty shall make an annual report to 
the board of trustees on or before the first Monday of November of 
«ach year, showing the condition of the school and containing such 
recommendations as the welfare of the institution shall demand. 
The board of trustees shall make a report to the governor on or be- 
fore the fifteenth day of November next preceding each biennial ses- 
sion of the legislative assembly, containing the several reports of 
the faculty herein provided for, and showing the condition of the 
funds appropriated for the school, the money expended and Ihe 
purpose for which the same was expended in detail, and showing 
the number of students in attendance, the work accomplished by 
them, and the condition of the school in general. 

CHAPTEK 4.— PUBLIC BOAEDS. 

Aetiole 3. — Board of University and School Lands. 
§ 169. Board, how constituted. The governor, secretary of 
state, state auditor, attorney general and superintendent of public 
instruction shall constitute the board of university and school 
lands. The governor shall be president; the secretary of state, vice 
president and the superintendent of public instruction, secretary 
thereof. In the absence of the superintendent of public instruc- 
tion at any meeting of the board the deputy superintendent of pub- 
lic instruction shall act as secretary, but shall not be entitled to a 
vote. Such board, when acting as such, must act personally; no 
member can be represented on such board by any assistant or clerk. 



STATE OF NORTH DAKOTA. 109- 

§ 170. Board, powers of. Subject to the provisions of article 
9 of the constitution and the provisions of this article, such board 
shall have the full control of the selecting, appraisement, rental, 
sale, dis])osal and management of all school and public lands of the 
state, including the real property donated to the territory of Dakota 
under the provisions of chapter 104 of the laws of 1883, except such 
as has been sold, and the investment of the permanent funds derived 
from the sale thereof, or from any other source, and shall have 
power to appoint a competent person to act as the general agent 
of the board in the performance of all its duties pertaining to the 
selection, sale, leasing or contracting in any manner allowed by law, 
and the general control and management of all matters relating to 
the care and disposition of the public lands of the state, all of whose 
official acts shall be subject to the approval and supervision of the 
board. The title of such agent shall be commissioner of university 
and school lands, and before entering upon his duties as such he 
shall take the oath prescribed for civil officers and give a bond in the 
penal sum of ten thousand dollars, with not less than two sureties, 
to be approved by the board, and recorded in the office of the secre- 
tary of state and filed, when recorded, in the office of the state 
treasurer, 

f^% 171. Meetings of board. Such board shall meet at the office 
of the commissioner on the last Thursday of each month, at ten 
o'clock in the forenoon. Special meetings of the board may be held 
at any time at the written call of the president or any two members 
of the board. Any three members of the board shall constitute a 
quorum. 

§ 172. Board to invest school funds. Such board shall have 
the power and it is made its duty from time to time to invest any 
money belonging to the permanent funds of the common schools, . 
university, school of mines, reform school, agricultural college, and 
deaf and dumb asylum, normal schools, and all other permanent 
funds derived from the sale of public lands or from any other 
source, in bonds of school corporations within the state, bonds of 
the United States, bonds of the state of North Dakota, or in first 
mortgages on fann lands in the state not exceeding in amount one- 
third of the actual value ol any subdivision on which the same may 
be loaned. Such value to be determined by the county board of 
appraisal of the respective counties as provided for in section 183 ; 
provided, that at least one-fourth of the whole amount of the sev- 
eral permanent funds aforesaid as computed by the commissioner 
of university and school lands at the end of each fiscal year, shall 
be set apart for investment in first mortgages on farm lands in this 
state, and only in the manner following, towit: 

1, That the said first mortgages and each of them, shall run for 
a period of time and not to exceed ten years and that the funds so 
invested shall bear interest at the rate of six per cent per annum, 
said interest together with ten per cent of the whole amount of the 



110 GENERAL SCHOOL LAWS, 

principal to be paid in annual installments and the interest when 
paid shall be covered into and become a part of the interest and 
income fund. 

2. First mortgage loans shall only be made upon cultivated 
lands within the state, and to persons who are actual residents 
thereof. And in no cases on land of which the appraised value is 
less than seven dollars and fifty cents per acre, and in sums not 
more than one thousand dollars to any one person, firm or corpo- 
ration. 

3. All or any of said mortgages may be satisfied at any time 
after five years from the date when made on payment of the full 
amount due thereon. All proceedings in regard to investments in 
first mortgages as provided in this chapter, shall conform to and 
be governed iby the laws of the state of North Dakota in such case 
made and provided. Said board of university and school lands 
shall not purchase or approve the purchase of any (bonds or mort- 
gages except at a legal session thereof, nor unless every member 
of the board is notified by the secretary of said board in time to be 
present at such meeting, and notified also that the question of pur- 
chasing or acting on a proposition for the purchase of certain 
bonds or mortgages is to be considered at the meeting, nor unless 
a majority of all the members vote in favor of such purchase, and 
the vote on the purchase of every bond and mortgage shall be taken 
by the yeas and nays and shall be duly recorded in the books of the 
Iboard. 

§ 173. Records to be kept by secretary. The secretary 
shall enter in a suitable book kept for that purpose a full and cor- 
rect record of all the proceedings of said board at each session 
thereof, which record when approved shall be signed by the presi- 
dent or presiding ofilcer of the meeting and the secretary; he shall 
also keep such other books as may be necessary properly to register 
and describe all bonds and mortgages purchased or taken by it for 
the benefit of any of the permanent funds under its control. Such 
books shall be ruled so as to permit the registry of the name and 
residence of the person offering to sell any such bonds or mort- 
gages, the district for which such offer is made, a description of the 
property covered by the mortgage, and a full and detailed descrip- 
tion of every bond, whether United States, state or school district, 
and the date, number, series, amount and rate of interest of each 
bond, and when the interest and principal, respectively, are pay- 
able; and such record shall be made of every such bond and mort- 
gage before the board shall act upon the question of purchasing 
the same. The secretary shall also keep in suitable books a record 
showing a detailed statement of the condition of all the permanent 
funds under control of said board, the amount of each fund, how 
invested, when due, interest paid and any other act in any manner 
connected with the management of said funds, and shall biennially 
report all such investments to the governor, to be laid before the 



STATE OP NORTH DAKOTA. HI 

legislative assemibly. All the records and record books of such 
board shall at all times be open for inspection by the public. 

§ 174. Treasurer custodian of funds. All moneys belonging 
to the permanent funds of the common school and other public 
institutions derived from the sale of any of the public lands or 
from any other source shall be paid to and held by the state treas- 
urer, and be subject to the order of such board, and shall be paid 
over to order of the board for investment as provided in section 
172 of this article, whenever the board requires the same for such 
investment. The state treasurer shall also be the custodian of all 
bonds, notes, mortgages and evidences of debt arising out of the 
management of the permanent funds derived from the sale of any 
of the public lands of the state or from any other source. 

§ 175. Investments. Ho-w unpaid moneys to be collected. 
It shall be the duty of the state treasurer, from time to time as the 
same become due, to collect all moneys due and owing on any and 
fill of the securities held by him for investment or for permanent 
funds, and from time to time, whenever required by the board, to 
make report of the amount of such collections to the board and a 
dui)licate of the same to the state auditor. If any such moneys 
shall remain unpaid for thirty days after the same shall become due 
and payable, he shall make report in detail of all such unpaid 
amounts to the attorney general, whose duty it shall be to proceed 
to collect the same by civil action, to be brought and prosecuted 
in the name of the state. 

§ 176. Manner of investing permanent funds. In the 
investment of the permanent funds under its control such board 
shall authorize the state auditor to draw his warrant on the state 
treasurer, payable out of the proper fund, for the purchase of the 
bonds or mortgages, which warrant, previous to delivery, shall be 
registered by the state treasurer in a book provided for that pur- 
pose. 

§ 177. Incidental expenses of board, how paid. The 
necessary incidental expenses of the board shall be i>aid out of the 
state treasury, and upon satisfactory vouchers therefor the state- 
auditor shall issue his warrant for the same. 

§ 178. Appropriation for interest. There is hereby annually 
appropriated such sums as shall be found necessary for the ex- 
penses of purchase, and payment oif accued interest at the time 
of the purchase, of investment bonds or mortgages for the per- 
manent funds under the control of said board, payable from the 
respective fund for which said purchase is made. 

§ 179. Term of office of commissioner. The first term of 
office of the commissioner provided for in this article shall be for 
three years from the date of his appointment and until his succes- 
sor is appointed and qualified, and after the expiration of the first 
term, all succeeding terms shall be two years, and until his succes- 
sor is appointed and qualified, subject to removal by the board. In 



112 GENERAL SCHOOL LAWS, 

case of vacancy by death, removal, resignation or any other cause, 
the board shall fill the same by appointment. 

§ 180. Salary of commissioner. The oommissioner shall re- 
ceive an annual salary of one thousand five hundred dollars. 

§ 181. Deputy comm.issioner. By and with the consent of 
the board, the commissioner may appoint a chief clerk, who before 
entering upon any of the duties devolving upon him by said ap- 
pointment shall take and subscribe the oath of office required by 
law and shall execute to the state a bond with one or more sureties 
in the penal sum of five thousand dollars conditioned for the faith- 
ful discharge of his duties. 

§ 182. Duties of commissioner. The commissioner, under 
such directions as may be given by the board of university and 
school lands, shall have general charge and supervision of all lands 
belonging to the state, of all lands in which the state has an inter- 
est or which are held in trust by the state. He shall have the cus- 
tody of all maps, books and papers relating to any of the public 
lands mentioned in this article. He shall procure the proper books, 
maps and plats in which to keep a complete record of all lands^ 
owned or held in trust by the state for schools, pmblic buildings and 
for all other purposes, and shall keep true records of all the sales, 
leases, permits, patents, deeds and other conveyances of such lands 
made by the state, amount of money paid, date of sale and payment, 
description of land sold or leased, number of acres thereof, name 
of purchaser and designation of the fund that should be credited 
therewith. He shall direct all appraisements, sales, leases; shall 
execute all contracts of sale, leases, permits or other evidences of 
disposal of the lands, subject to approval by the board. Upon all 
contracts, leases or permits issued by the commissioner he shall 
certify the book and page where the same is recorded. He shall 
have an official seal with a proper device thereon; and the seal of 
the commissioner affixed to any contract of purchase, receipts or 
other instruments issued by him, duly countersigned by him as 
approved by the board, according to the -provisions of this article, 
is prima facie evidence of the due execution of such contract or 
other paper. He shall biennially report to the legislative assem- 
bly through the board his work during the preceding term, showing 
the quantity of lands sold or leased, and the amonnt received there- 
for, the amount of interest moneys received to the credit of the 
several funds, expense of administration of his department, and all 
such other matters relating to his office as shall be necessary. 

§ 183. County board of appraisal, duties of. The county 
superintendent Q,f schools, the chairman oif the board of county com- 
missioners and the county auditor of each county shall constitute 
the "County Board of Appraisers" of the public lands of the state in 
and for their county. The county board of appraisal in each county 
shall upon the request of the board of university and school lands, 
designate on or before such date as it may specify, the public lands 



STATE OP NORTH DAKOTA. IIX 



of the state iu their eouiitv, that in its judgment can be sold for ten 
dollars an acre or upwards on the terms prescribed in this article, 
designating the tracts separately and giving an approximate esti- 
mate of their selling value. Thereupon the commissioner shall, it 
so ordered by the board of university and school lands, prepare a 
list and order an appraisal of such lands as shall be designated m 
such list, and it is made the duty of such board of appraisers withia 
ten davs after the receipt of such list to examine such lands and 
appraise them at their cash value, as nearly as can be determined^ 
describing each tract or subdivision in parcels not greater than one- 
hundred and sixty acres, more or less, according to the government 
survey and in smaller subdivisions thereof if so listed by the com- 
missioners, and set opposite each described tract or parcel ot land 
the appraised value per acre thereof; and when such appraisal is- 
completed, which shall not be later than thirty days after the re- 
ceipt of the order directing it, the county board of appraisers, or 
the members of the same who made such appraisement, shall cer- 
tify to its correctness, and make duplicate copies thereof, one of 
which shall be forwarded immediately to the board of university 
and school lands, and the other filed in the office of the county audi- 
tor for reference. And in addition to the appraisal of such lands 
the county board of appraisal shall furnish such other information 
regarding the lands as may be required by the commissioner m 
the manner and form prescribed by him. The report of sucb 
appraisal shall be verified by each of such appraisers and shall dis- 
close any interest, real or contingent, that any of such appraisers- 
has in any of the lands or improvements so appraised. Any ap- 
praiser who willfully makes any false statement in such report, 
relative to such interest in any of the lands so appraised, or im- 
provements thereon, shall be deemed guilty of a misdemeanor, i or- 
all services performed under the requirements of this article the 
appraisers shall be paid at the rate of three dollars per day and 
actual traveling expenses, upon vouchers approved by the secretary 
of the board of university and school lands to be paid by the state 
treasurer upon warrants issued by the state auditor. 

8 184 Selecting and certifying lands for sale. The com- 
missioner shall from the list of lands so appraised and reported by 
the county board of appraisers select all such tracts as have been 
appraised at ten dollars per acre and upwards, and upon approva 
of such selections by the board of university and school lands shall 
make and certify to the county auditors the list of lands m their 
respective counties that are offered for sale, and when transmitting: 
such list shall designate the day and hour for the sale thereof ; pro- 
vided that such sales shall take place only between the hours of ten 
o'clock A M and five o'clock P. M. and to be continued from day to. 
day until all the lands advertised for sale shall have been sold or 
offered for sale, except that adjournments may be made for any in- 
tervening Sunday or legal holiday. 
8 185. Notice of sale to be published. The county auditor 



114 GENERAL SCHOOL LAWS, 

shall immediately, on receipt of the list of lands mentioned in the 
preceding section, cause to be published in a paper designated by 
the county board of appraisers, as prescribed by section 158 of the 
constitution, a notice of such sale, with the list of lands properly 
described, that are to be offered for sale, together with the ap- 
praised value thereof and the terms and conditions of sale. The 
board of university and school lands shall also publish notices of all 
sales for the same length of time in one newspaper published at the 
seat of government. 

§ 186. Manner of sale. On the day and hour appointed for 
such sale the coimmissioner, except as hereinafter provided, shall 

ceed to sell or offer for sale at public auction to the highest bid- 
der, at the court house or at the place where the terms of the dis- 
trict court are held, of the county where the lands are situated, the 
lands so advertised, offering them for sale and selling in the order 
in which they occur in the advertisement for sale. Such lands as 
have not been specially subdivided shall be offered in tracts of one- 
quarter section, according to the subdivisions thereof by the 
United States survey, and those so subdivided in the smallest 
divisions thereof. No tract shall be sold for less than its appraised 
value, aijd in no case for less than ten dollars an acre. Whenever 
the commissioner cannot attend the sale in person such sale may be 
made by the deputy land commissioner or any other person desig- 
nated and authorized by the board of university and school lands. 

§ 187. Terms of sale. Each tract of land shall be sold upon 
the following terms: the purchaser shall pay one-fifth of the 
price in cash at the time of sale, and the remaining four-fifths as 
follows: one-fifth in five years, one-fifth in ten years, one-fifth in 
fifteen years and one-fifth in twenty years, with interest at six per 
cent per annum on all the unpaid principal, annually in advance. 
The highest hidder for any offered tract shall be declared the pur- 
chaser thereof, and shall immediately pay over to the county treas- 
urer the amount of one-fifth of the purchase price as specified in the 
terms of sale. In case the purchaser fails to pay the amount so re- 
quired to be paid at the time of such sale, such commissioner or 
whoever may be conducting the sale, shall immediately re-offer 
such lands for sale, but no bids shall be received from the person 
so failing to pay as aforesaid; and the person refusing or neglecting 
to make such payment shall forfeit the sum of one hundred dollars 
for each tract so purchased by him. 

§ 188. Adjournment of sale. No adjournment of the sale 
can be made after its opening, except as provided in section 184 of 
this article, but, when the interest of the state will be subserved 
thereb}^, the board of university and school lands may, at any time 
not less than two weeks preceding the dates fixed for opening such 
sale, make an order postponing the same to such date as may be 
fixed in such order, which shall not be more than sixty days, giving 
due notice of the same to the county auditor, who shall publish such 



STATE OF NORTH DAKOTA. 115 

notice of adjoiurnment and the day fixed for the sajme, for two suc- 
cessive weeks in the same papers in which the notice of sale is pub- 
lished; but the adjournment of any sale shall not require continued 
publication of the list of lands beyond the time specified in this 
-article for such publication. 

§ 189. Withdrawal of lands from sale. The board of uni- 
versity and school lands may, in its discretion, on or before the day 
of sale, withdraw any or all lauds that may have been advertised for 
sale or included in any list to be offered in any county, and upon 
such withdrawal shall notify the auditor of such county, specifying 
the lauds included in such notice of withdrawal, who shall thereupon 
strike such lands from the lists in his office, and public notice of 
withdrawal shall be given at the day of sale before any such lands 
are offered. 

§ 190. County auditor to act as clerk at sale. Approval 
of sale. The county auditor shall act as clerk of all land sales and 
leases made in his county, and it shall be his duty within five days 
after such sale or lease shall have been concluded to certify to the 
board of university and school lands a list of lands sold or leased as 
provided in this article,with the price thereof and the name of the 
purchaser or lessee of such tract, the aimount for which the lands 
are sold or leased, the amount of money paid by such purchaser, and 
the amount of principal remaining unpaid, and the board of uni- 
versity and school lands shall approve and confirm the sale or lease 
of every such tract, as upon examination of such certified lists and 
such further information and investigation as shall be deemed 
necessary, shall be found to have been sold or leased in accordance 
with the law and without fraud or collusion. For the services im- 
posed by this article the county auditor shall be allowed the sum 
of three dollars per day for each and every day so engaged, to be 
paid out of any appropriation for the expenses of appraisal and sale 
of public lands. 

§ 191. Notice to purchaser. Execution of contract. Im- 
mediately upon approval of the sales by the board of university and 
school lands, the secretary of such board shall prepare and certify 
a list of said approved sales to the commissioner, who shall without 
delay execute duplicate contracts in the form prescribed by the 
board, and forward the same to the county auditor of the county 
where the land was sold, whereupon it is made the duty of the 
county auditor to notify each purchaser in writing of the approval 
of the sale to him, and to appear within ten days after the date of 
such notice and pay the county treasurer the amount of interest on 
the deferred pa;^Tnents as specified in the contract and execute the 
contracts of sale, and a failure so to appear and execute such con- 
tract shall act as a forfeiture of the payment made by the purchaser 
at the sale. When the contracts are properly executed by the pur- 
chaser and the amount of money due thereon shall have been paid 
to the county treasurer, the copy marked duplicate shall be delivered 



116 GENERAL SCHOOL LAWS, 

to Mm and the original returned to the land commissioner, and each 
contract so returned fulh^ executed shall have on its face in the 
place noted for such purpose the notation of the date of delivery to 
the purchaser, and all contracts not executed by the purchaser shall 
be returned to the land commissioner with a written statement 
thereon of the reason for such return. 

§ 19S. Sales, -when void. Any sale made by mistake, or not 
in accordance with law, or obtained by fraud, shall be void, and the 
contract of purchase issued thereon shall be of no effect; but the 
holder of such contract shall be required to surrender the same to 
the board of university and school lands, who shall, except in case 
of fraud on the part of the purchaser, cause the money to be 
refunded to the holder thereof. 

§ 193. Surveys to be made when necessary. Whenever 
it appears to the board of university and school lands necessary in 
order to ascertain the true boundaries of any tracts or portions 
of lands, or to enable the commissioner to describe or dispose of 
the same in suitable and convenient lots, it may order all such 
necessary surveys to be made and the expenses shall be paid out of 
the state treasurj^ as other incidental expenses of the board of 
university and school lands are paid. 

§ 194. Subdividing land into small tracts or lots, when 
to be made. Whenever in the opinion of the board of university 
and school lands the interests of the state will be promoted by 
laying off any portion of the land under its control into small par- 
cels or city, town or village lots, the board may order such commis- 
sioner to cause the saime to be done, and have the same appraised 
in the same manner as hereinbefore prescribed. 

§ 195. Sale of lots. New appraisal. All parcels or lots so 
appraised shall be subject to sale in the same manner and upon the 
same terms and conditions and the contract of purchase shall have 
the sasme effect, as in the case of other lands for which provision is 
made in this article, and at the prices at which the same are sev- 
erally appraised, until a new appraisal is made, which the board of 
university and school lands may in its discretion order at any time, 
in the manner aforesaid, and with the like effect ; but no lots or par- 
cels so appraised shall be sold for less than the minimum price of 
said land, established in this article. 

§ 196. Map to be entered of record. Whenever the com- 
missioner shall lay off any tract of land into small parcels or lots, 
as provided in this article, he shall cause a correct map of the same 
to be entered of record in the county where said lands are situated. 

§ 197. Contracts of purchase. Rights under. Contracts 
of purchase, issued pursuant to the provisions of law, entitle the 
purchaser, his heirs or assigns, to the possession of the lands therein 
described, to maintain actions for injuries done to the same, or any 
action or proceeding to recover possession thereof, unless such con 
tract has become void by forfeiture; and all contracts of purchase 



STATE OF NORTH DAKOTA. 117 

in force may be recorded in the same manner that deeds of convey- 
ance are antliorized to be recorded. 

§ 198. Assignee of purchasers. Each assignee of a bona 
t^de purchaser of any of the hinds mentioned in this article is suD- 
ject to and governed by the provisions of law applicable to the pur- 
chaser of whom he is assignee; and he shall have the same rights in 
all respects as an original purchaser of the same chiss of lands. 

§ 199. Contracts may be surrendered and two or more 
issued, when. \Vhenever the holder of any contract of purchase 
of any state or school land shall surrender the same to the commis- 
sioner with a request to have the same divided into two or more 
contracts, it shall be lawful for the commissioner to issue the same; 
provided, that the proposed subdivision shall be only in the smallest 
of the regular government or state subdivisions; and, provided, that 
no new contracts shall issue while there is due and unpaid any 
interest, principal or taxes on the principal contract of sale, nor in' 
any case where the commissioner shall be of the opinion after an 
examination of the lands, if necessary, that the security would be 
impaired and endangered by the proposed division, nor until such 
proposed change shall have the approval of the board of university 
and school lands, and for all such new certificates a fee of five dol- 
lars for each certificate so issued shall be jjaid by the applicant, 
which fee shall be paid into the state treasury and become a part 
of the expense fund of the board of university and school lands. 

§ 200. Contract voidable on failure to pay principal or 
interest. In case the annual interest due on the first day of Janu- 
ary in any year shall not be paid within thirty days thereafter by 
the purchaser or by any x)erson claiming under him, the contract 
shall, from the time of such failure, be voidable. In case any 
installment on the purchase price shall not be paid within thirty 
days after the same becomes due by the provisions of contract of 
sale, the contract, from the time of such failure shall be voidable. 
And in all cases where any contract becomes voidable by reason of 
failure to make the payments required by the contract and the 
terms of this section, the board of university and school lands may 
in their discretion declare such contracts of sale void; and in case 
of such declaration, shall notify the holder thereof, of such declara- 
tion, by w^ritten notice mailed to his postoffice address and send a 
duplicate copy thereof to the auditor of the county in which such 
land is situated, and order the commissioner to take possession of 
the land described in such contract. 

§ 201. Redemption before re-sale. In all cases where the 
rights of a purchaser, his heirs or assigns, become forfeited under 
the provisions of this article, by failing to pay the amounts 
required, such purchaser, his heirs or assigns, may. before the re- 
sale at public auction of the lands described in such contract, pay 
to the state treasury the amount of interest due and payable on 
such contract, and all costs which have been incurred in addition 



118 GENERAL SCHOOL LAWS, 

thereto, together with interest at the rate oi twelve per cent per 
annum on the interest and costs so due from the date of delinquency 
to the date of payment, and such payment shall operate as a re- 
demption of the rights of such purchaser, his heirs or assigns, and 
such contract from the time of such payment shall toe in full force 
and effect, as if no forfeiture had occurred; provided, that after the 
rights of a purchaser, his heirs or assigns shall have become for- 
feited under the provisions of this article, the board of university 
and school lands shall have the power, and it is hereby made their 
duty to provide for the re-sale of said land so forfeited if in their 
opinion a re-sale of said land shall be most advantageous to the 
state, otherwise the said board shall provide for the leasing of said 
land from year to year as herein provided, and after a lease of said 
land shall be made by said board, the lessee, his heirs and assigns^ 
shall be entitled to the full and absolute possession of all of said 
lands and premises so leased. 

§ 202. Fee in state until contract fulfilled. The fee of each, 
parcel of such lands shall be and remain in the state until the 
patents hereinafter provided for are issued for the same respective- 
ly, and no patent shall issue until full payment of all sums and full 
compliance with all the conditions of the contract of purchase, and 
in case of non-compliance by the purchaser, his heirs or assigns, 
with the terms of the contract as aforesaid, or with the provisions 
of law applicable thereto, any and all persons being or continuing 
in possession of any such lands after a failure to comply with the 
terms of the contract as aforesaid, or with such provisions of law, 
as aforesaid, without a written permission of the commissioner, 
shall be deemed and held to detain such land forcibly and without 
right, and to be trespassers thereon. 

§ 203. Recovery of possession. In case any person holds or 
continues in possession of any of the land mentioned in this article, 
contrary to the conditions or covenants of any lease or written 
agreement, he shall be liable to an action of forcible detainer, or 
any other proper action for the recovery of possession of such lands 
and damages for detention of the same. 

§ 204. Reconveyance to the United. States. In all cases 
where lands have been erroneously or improperly certified or con- 
veyed to the state of North Dakota for school or other purposes by 
the United States, the governor of the state is authorized to recon- 
vey or relinquish by the execution, under his hand and the seal of 
the state, of such conveyances as will be necessary to convey or re- 
linquish the title which the state may have to such lands. 

§ 205. Patents, when to issue. When any land sold under 
the provisions of this article has been fully paid for, and all terms of 
the contract of purchase fully complied with, the board of univer- 
sity and school lands shall so certify to the governor, who shall 
thereupon issue to the purchaser thereof, his heirs or assigns, a 
patent conveying the title of the state to such land, and the gov- 



STATE OF NORTH DAKOTA. 119 

ernor shall in like manner issue a patent to any purchaser of the 
rights, title and interest of the original purchaser, his heirs or 
assigns, acquired by any execution sale. All such patents shall be 
signed by the governor and attested by the secretary of state with 
the great seal of the state of North Dakota, and shall be connter- 
sigued by the board of university and school lands with the seal 
of the secretary of said board. 

§ 206. Patents to be recorded. The registers of deeds of the 
several counties of this state are authorized to record all patents 
issued by the governor pursuant to the provisions of this article; 
and the records thereof shall ha^e the same effect as the record of 
other conveyances executed according to the laws of this state. 

§ 207. Taxation of lands after sale. Purchaser of tax 
certificate. The commissioner shall, as soon as possible after a sale 
of lands, transmit to the auditor of each county, in which any lands 
mentioned in this article have been sold, a detailed description of 
each parcel oi the land so sold and the names of the purchasers, and 
the auditor shall extend the same upon his tax duplicate for the 
purpose of taxation, and the same shall thereupon become subject 
to taxation the same as other lands, and the taxes assessed thereon, 
collected and enforced in like manner as against other lands, i)ro- 
vided, however, that the purchaser at tax sale of any such lands sold 
for delinquent taxes shall only acquire by virtue of such purchase 
such rights and interest as belong to the holder and owner of the 
contract of sale issued by such commissioner under the provisions 
of this article, and the right to be substituted in the place of such 
holder and owner of such contract of sale, as the assignee thereof; 
and upon the production to the proper officer of the tax certificate 
given upon such tax sale, in case such lands have not been re- 
deemed, such tax purchaser shall have the right to make any pay- 
ment of principal or interest then in default upon such contract 
of sale, as the assignee thereof. 

§ 208. Payment to county treasurer. Duty of treasurer. 
The purchaser of any land mentioned in this article, or his assigns, 
may pay to the county treasurer of the county in which such land 
lies any amount which may be due froim time to time on the con- 
tract, either for principal, interest, rents or penalty, and for the 
amounts so paid the county treasurer shall give to such person a 
duplicate receipt specifying the amount paid, date of payment, 
whether for principal, interest or penalty, and the fund to which it 
is applicable, the number of the contract, the name of the original 
purchaser of the land, or the assignee thereof, which receipt shall 
be countersigned by the auditor of said county, and have the same 
force and effect as if given by the state treasurer. All moneys re- 
ceived by the county treasurer, under the provisions of this article, 
shall be held at all times subject to the order and direction of the 
state treasurer for the benefit of the funds to which the moneys re- 
spectively belong; and during the months of January, March, June 



120 GENERAL SCHOOL LAWS, 

and October ol each year, and such other times as he may be re- 
quested so to do by the state treasurer, he shall pay into the state 
treasury all moneys received on account of such funds since the last 
payment he may have made. 

§ 209. Bond of county treasurer. Conditions of. The 
l)ond of each county treasurer shall be conditioned for the honest 
and faithful discharge of all trusts and responsibility imposed by 
this article, and for the faithful payment of and accounting for all 
moneys received by him under the provisions of this article to the 
state treasurer or any other person entitled to receive the same, and 
the board of university and school lands shall on or before the first 
day of January, following any election for county officers, certify to 
the chairman of the board of county commissioners of each county 
the amount oi money liable to come into the hands of the treasurer 
■of the county under the provisions ol this article, and the board of 
county commissioners shall add to the amount of the sum required 
on his regular official bond to the county doiuble the sum so certified 
~bj the board of university and school lands, and the record of the 
proceedings of such board of county comimissioners when fixing the 
amount of such bond shall specify in two separate items the aggre- 
gate amount of the bond so made up, designating one sum as the 
amount to indemnify the countj^, 'and the other to indemnify the 
state for any losses incurred by reason of failure to comply with the 
provisions of all laws regulating his duty. 

§ 310. Fees to county treasurer. County treasurers shall 
be entitled to a fee of one-half of one per cent on each dollar col- 
lected or received and remitted by them in payment of principal or 
interest, fines, penalties and damages on state lands, which fee shall 
ibe payaible from the general fund of the class of lands on which 
l^ayment is made to such treasurer, and such fee shall be paid to the 
county treasurer on vouchers countersigned by the county auditor 
and approved by the commissioner of university and school lands 
and such approved vouchers shall be paid out of any ap'propriation 
for the expenses of appraisement and sale of such lands. 

§ 211. Duty of county auditor. The county auditor shall, 
at the time he is required by law to return abstracts of settlement 
to the state auditor, also forward to the land commissioner all dupli- 
cate or triplicate receii)ts of principal, interest, penalty or rental 
on state lands, with a certified statement of such collection by the 
county treasurer, specifying the amount of each item ; and he shall 
also make such return at any other time as may be required by the 
board of university and school lands. 

§ 2 1 2. List of lands sold to be furnished county treasurer. 
On or before the first day of December in each year the commis- 
sioner shall cause to be made out and transmitted to county treas- 
urers a statement showing the lands sold in their respective coun- 
ties, the number of the contracts of purchase, the name of the per- 
son to whom each contract was issued, and the amount of both prin- 



STATE OP NORTH DAKOTA, 121 

cipal and interest due on each on the first day of January, together 
with such directions, instructions and blanks as shall enable the 
country treasurers to carry out the provisions of this article. 

§ 213. To-wnship assessors to examine state lands. It 
shall be the duty of all township and district assessors, whenever 
required by the commissioner to examine and report on any lands 
designated to them by him, in the manner and form prescribed by 
him, and for such examination they shall be paid at the rate of 
three dollars per day for time actually engaged, upon vouchers ap- 
proved by the commissioner. 

§ 214. Transfer of records to commissioner. All abstracts 
and conveyances of title to the state of North Dakota, whether the 
said lands are held for penal, educational, charitable, school or 
other purposes, shall be, by those in whose charge such conveyances 
now are or may come, deposited with and remain in the control of 
the commissioner of university and school lands. 

§215. Permanent and general funds. The principal accru- 
ing from all sales of school, university or other state lands under the 
control of the board of university and school lands, as provided for 
in this article, shall become a part of the several permanent funds to 
which they respectively belong and shall not be reduced by any 
means whatever. All moneys received as interest, for rents, penal- 
ties, permits or from any source other than from the principal of 
sales shall become a part of the general or current funds to which 
they respectively belong and shall be distributed as directed by 
law. 

§ 216. Quantity of lands to be sold. No more than one- 
fourth of the common school lands of the state shall be sold within 
the first five years after the}^ become salaible under the provisions of 
section 155 of the constitution, nor more than one-half of the 
remainder within ten years after the same become salable as afore- 
said. The residue may be sold at any time after the expiration of 
such ten years; provided, hoM'^ever, that the coal lands of the state 
shall not be sold, but may be leased under the provisions of any 
law governing such leases. The words "■coal lands" include lands 
bearing lignite coal. 

§217. Lands subject to lease. All the common school lands 
and all other public lands of the state that are not of such value 
as will admit of appraisal at ten dollars or more per acre, at the 
time of any regular appraisal, may be leased; provided, that no 
leases can be granted for a period longer than five years, and only 
for pasturage and meadow purposes, and at a public auction after 
notice as hereinafter i)rovided; provided, further, that all of such 
school and public lands now under cultivation may be leased at the 
discretion and under the control of the board of university and 
school lands for other than pasturage and meadow purposes until 
sold. All rents shall be paid annually in advance. 

§ 217(7. May lease cultivated lands. The commissioner of 



122 GENERALr SOHOOL LAWS, 

university and school lands is hereby authorized and empowered 
to lease cultivated school and institution lands in the several coun- 
ties of the state for the period of two years for the purpose of sum- 
mer-fallowing the first year and cropping the next, when in his 
opinion it is necessary so to do in order to clear the same of noxious 
weeds, said lessee to pay only one year's rent for the same. When 
any lands are leased as above provided the party so leasing the 
same, before lease is approved by the board of university and school 
lands, shall pay to the county treasurer of the county in which the 
land is situated the total amount of rent therefor. Should the 
lessee so renting the land as above provided fail or neglect to sum- 
mer-fallow the same at the proper time, the board of university and 
school lands in their discretion may declare the lease canceled and 
the amount paid thereon will thereby become forfeited. 

§ 218. Appraisal for lease by county board. It shall be 
the duty of the county board of appraisers, each and every year 
if so ordered, to appraise in the same manner as all other lands that 
are listed for taxation are appraised, all the common school and 
other public lands of the state in their respective districts that may 
be included in the order, making a return of all such appraisals to- 
the board of university and school lands in the form prescribed on 
blanks fiurnished by the board ; such returns to be made on or before 
the first day of July of the same year; and for any services per- 
formed as required by this article they shall be paid at the rate of 
three dollars per day, to be paid by the state treasurer omt of the 
funds appropriated for the current expenses of such board. It shall 
be the duty of the board of university and school lands to equalize 
the appraisements so returned as to coiunties by adding thereto or 
taking therefroim such a uniform percentage as anay in its judgment 
seem proper and fair in order to arrive at a just and equitable equal- 
ization between the several counties, and upon such valuation so 
fixed the board of university and school lands are authorized to fix 
a per cent per acre as the minimum price at which the land can be 
leased; provided, that the lowest price of lands leased for pasturage 
cannot be below one-half of one per cent of the aveijage value in the 
county, and for any cultivated lands in the county the lowest price 
cannot be below two and one-half per cent of the appraised value of 
each cultivated tract. And when advertising the same for lease 
they shall set opposite each description the value thereof as equal- 
ized by them, which valuation shall form the basis for leasing the 
same. 

§ 219. Selection of lands for lease. The board of university 
and school lands shall have power, and it is hereby made its duty to 
select from the lands so appraised such tracts as in the judgment 
of the board can be leased with profit to the school and other perma- 
nent land funds of the state, or as the legislature may by law order 
to be leased, and shall at smch time as in its judgment is for the best 
interests of the state, proceed to advertise for lease and offer for 



STATE OF NORTH DAKOTA. 123. 

lease, in each succeeding year, sucli lands as have thus been se- 
lected. 

§ 220. Advertisement for leasing. All such lands to be leased 
or offered for lease lying within the respective counties shall by the 
board of university and school lands be advertised for lease by pub- 
lication once a week for not less than sixty days in some newspaper 
of general circulation in the vicinity of such lands. Such advertise- 
ment shall contain the designation or proper description of each 
tract or parcel of land so to be leased, the appraised value Oif each 
tract and the per cent on such valuation fixed by the board as the 
minimum price at which such land can be leased and the terms of 
the lease. A copy of such advertisement shall also be posted in a 
conspicuous place at the court house of the count}', and a notice of 
the time and place where the said lands are to be leased shall also 
be published for not less than sixty days in one newspaper at the 
seat of government by such board of university and school lands; 
provided, that if in the opinion of the board there will not be suffi- 
cient of such lands situate in any count}^ leased to pay the expenses 
of advertisement in a newspaper, the notice may be given by posting 
as aforesaid. 

§ 221. Manner of leasing. By -whom made. Ho-w con- 
ducted. It shall be the duty of the commissioner of university and 
school lands, or such other person as may be appointed by the board 
of university and school lauds, to conduct the leasing of such lands 
in accordance with the provisions of this article and such directions 
as shall be prescribed therefor by the board; provided, that the leas- 
ing shall be at public auction to the highest bidder at the court 
house or place where terms of the district court are held, commenc- 
ing on the day specified in the advertisement for such lease and 
between the hours of ten o'clock A. M. and five o'clock P. M. to con- 
tinue from day to day until all tracts or parcels of land advertised 
for lease shall have been leased or offered for lease; but the time for 
leasing the same shall not exceed ten days in any county, except' 
that an adjournment may be made over the Babbath or any legal 
holiday. In counties where a large number of tracts of land are to 
be leased the land situated in certain townships may be designated 
in the advertisement to be leased on certain specified days and in 
such case such lands shall be leased or offered for lease on such 
specified days, or for want of time for the leasing or offering for 
lease of all such designated lands, the leasing of those unoffered 
may be adjourned until the following day or days, when they must 
be the first lands offered for lease. Such lands as shall not have 
been specially subdivided shall be leased or offered for lease ia 
tracts of one-quarter section each, and those so subdivided in the 
smallest subdivision thereof. Notice must be given when the land 
is offered that all bids are subject to approval by the board. At 
the time of offering the lands for lease the county auditor of the 
county shall act as clerk, and it shall be his duty to make report 



124 GENERAL SCHOOL LAWS, 

thereof, stating the terms of such leasing, as is prescribed in section 
190 for making reports of sales. 

§ 222. Bidders to pay first year's rent at time of lea-sing. 
Provisions for failure to pay. The highest bidder for any par- 
cel of land shall at once deposit the amount of his bid with the 
county treasurer, who shall act as treasurer of said leasing, failing 
to do which the bid of the next highest bidder shall be accepted 
under like conditions; provided, his bid shall not be less than the 
minimum price as fixed under and in pursuance of section 218. 

§ 223. Adjournment of lease. Whenever the board of uni- 
versity and school lands finds that the interests of the state will be 
suibserved by the adjournment of the time for offering lands for 
lease, the authority conferred by section 188 for adjournment of 
sales is made applicable to the leasing of lands. 

§ 224. Approval of lease and execution of contract for 
lease. The board of university and school lands to have 
po'wer to lease to applicants in certain cases. Immediately 
upon receipt of the report of the county auditor as required by this 
article, the board of university and school lands shall approve and 
confirm the lease of all such tracts as in its judgment should be 
made, and shall at once certify a list of the approved leases to the 
commissioner who shall without delay execute duplicate contracts 
of lease in the form prescribed by the board, and forward to the 
lessee a copy marked "duplicate," the "original" being filed in the 
office of the commissioner, who shall also forthwith certify to the 
auditor of the proper county, a list oi such leases as have been 
iiipproved by the board. In case any of the lands in any county 
may remain unleased after the date advertised for the leasing, the 
board shall have authority to make contracts of lease for said lands 
to the first applicant therefor at not less than the minimum price 
thereof. 

§ 225. Lessee not to destroy timber. No lessee of any of 
the common school or public lands of the state, or his heirs or 
assigns, shall cut down or take away from such tract any timber, 
trees or wood, or suffer or cause the same to be done by any person, 
except that such lessee may cut down or use such amoamt of dead, 
or prostrate trees, or timber as may be sufiicient to supply him with 
fuel for his family or the families of his employees actually residing 
upon such tract. Any lessee violating the provisions of this sec- 
tion shall forfeit his lease and all rights and interests thereunder, 
and shall be liable to the state for damages sustained by the state 
by reason thereof, and shall be guilty of a misdemeanor. 

§ 226. Lessee not to break uncultivated land. No lessee, 
or the heirs or assigns of any lessee, of any of the common school or 
public lands of this state, leased for meadow or pasturage purposes, 
or of school or public lands leased for the purpose of cultivation, 
which may contain any uncultivated or unbroken land, shall break, 
plow or cultivate any unbroken land on any tract so leased, or cause 



STATE OF NORTH DAKOTA. 12S 

or suffer it to be done by any other person. And any lessee, or bis 
heirs, or assigns, who shall violate the j^rovisions of this section 
shall incur the same forfeitures and liabilities as are provided in the 
preceding section, and shall also be guilty of a misdemeanor. 

§ 227. Hay not be cut before July 1st. No lessee or his 
heirs or assigns, shall mow or cut for hay or feed any grass on any 
unbroken land, or cause or suffer the same to be done by any other 
person prior to the first day of July in any year. And any lessee 
or his heirs or assigns, who shall violate the provisions of this sec- 
tion shall incur the same forfeitures and liabilities as are provided 
in section 225, and shall also be guilty of a misdemeanor. 

§ 228. Board of university and school lands to grant 
permits to cut hay and to remove dead and dovrn timber. 
The board shall have authority, when in its judgment it is for the 
best interests of the state so to do, to sell the right to cut grass on 
any of the public lauds of the state and to sell any down and dead 
timber on said lands for such price, terms and conditions as they 
may think proper, but no dead timber, if standing, shall be deemed 
to be included in the sale unless expressly so specified in the per- 
mit. All such permits shall only be for the current season and be- 
tween the fifteenth day of June and the first day of April of the fol- 
lowing year, and no control or rights of occupancy of said land shall 
be other than what is specified in such permit; said permit shall be 
sold by the several county treasurers, whose duties and compensa- 
tion shall be prescribed by the board of university and school lands, 
but said comipensation shall be based upon a percentage of amounts 
of monej' collected and remitted toi the state treasurer from said 
sale of grass and timber in their respective counties. All f)ermits 
shall be paid for in advance. 

§ 229. Trespass upon public lands. Civil action for^ 
Whoever commits any trespass upon any of the lands owned, or 
held in trust, or otherwise by the state shall be liable in treble 
damages in an action to be brought in the name of the state, if such 
trespass is adjudged to have been willful; but single damages only 
shall be recovered in such action if such trespass is adjudged to 
have been casual and involuntary. 

§ 230. Willful trespass. Penalty. Whoever commits any 
willful trespass upon any of the lands owned or held in trust or 
otherwise by this state, either by cutting down or destroying any 
timber or wood standing or growing thereon, or by carrying away 
any timber or wood therefrom, or by mowing or cutting or remov- 
ing any hay or grass standing or growing or being thereon, or 
who injures or removes any buildings, fences, improvements or 
other property belonging or appertaining to said land or unlawfully 
breaks or cultivates any of said lands or aids, directs or counte- 
nances such trespass or other injury shall he deemed guilty of a 
misdemeanor, and on conviction thereof shall be punished by im- 
prisonment in the county jail not more than one year, or by fine 



126 GENERAL SCHOOL LAWS, 

not exceeding five hundred dollars, or both such fine and imprison- 
ment, in the discretion of the court. And whoever is occupying, 
residing upon or in possession of any school or other public lands 
owned or held in trust or otherwise by the state at the time of the 
passage, approval and taking effect of this act without a valid 
lease therefor shall be deemed and held to be a willful trespasser 
thereon, and guilty of trespass upon such land, and upon convic- 
tion thereof shall 'be punished as provided for in this section for 
any other act oif trespass. ' 

§ 231. Property to be seized. In addition to the penalties 
provided for in this article against those committing trespass upon 
any of the lands owned or held in trust or otherwise by this state, 
the commissioner is authorized and empowered without legal pro- 
cess to seize and take, or cause to be seized and taken any and all 
timber, grass, wood or other property unlawfully severed from such 
lands, whether the same has been removed from such lands or not, 
and may dispose of the property so seized and taken, either at pub- 
lic or private sale, in such manner as will be most conducive to the 
interests of the state; and all moneys arising therefrom after de- 
ducting the reasonable and necessary expenses of such seizure and 
sale shall be made a part of the general fund belonging to the 
public lands and shall be distributed in accordance with the pro- 
visions of this article. 

§ 232. Damages. All damages recovered for any trespass, or 
other injury upon ar to any of the lands mentioned in this article, 
shall be paid over to the state treasurer for the benefit of the gen- 
eral fund to which the same properly belongs. 

§ 233. State's attorney to prosecute and report. The 
state's attorneys of the several counties shall promptly report to the 
commissioner all cases of trespass committed upon such lands, 
which may come to their knowledge, and shall, when directed by 
the attorney general, prosecute all actions for any trespass or injury 
thereto, or for recovery of possession thereof, or otherwise 

§ 234. Expenses of sale, how paid. The expenses of 
publishing notices of the sale of the universit5% school and all 
other public lands of the state shall be paid by the state treasurer 
upon the warrant of the state auditor out of the general or current 
funds of the different institutions as designated in section 215, and 
such expenses shall he apportioned according to the receipts cred- 
ited each fund from proceeds of each and every sale. All bills for 
such publishing shall be verified by the publisher and approved 
by the board of university and school lands. 

§ 234:a. Expense of advertising and leasing. There is 
hereby annually appropriated out of any funds in the treasury not 
othrwise appropriated the sum of two thousand dollars, or so much 
thereof as may be found necessary, for the purpose of paying the 
expense of advertising the co'mmon school lands for lease and the 
attendant expense of leasing the same. 



STATE OF NORTH DAKOTA. 



127 



§ 234/;. Fees for service. Duty of county treasurers. It 

shall be the duty of the commissiouei- of university and school lands 
to charge and collect the following fees: For each lease of school 
or other state lands, 75 cents; for each contract for lands pur- 
chased, 11.00; for each patent, |1.25; for approving and recording 
each assignment of school land contract, |1.50; for furnishing certi- 
fied copies of school land contract, |1.50. All fees must be paid 
in advance and when collected must be paid into the state treasury 
at the end of each month and be placed to the credit of the expense 
fund of the board of university and school lands. It shall be the 
duty of the county treasurer of any county where any such lands 
are leased or sold to collect the fees hereinbefore provided for at 
the time the first payment thereon is made for leases and contracts 
of sale and transmit the same to the commissioner on the first day 
of each month. 

§ 235. Appropriation for expenses of board. There is 
hereiby annually appropriated out of any funds in the treasury not 
otherwise appropriated the sum of five thousand dollars, or so 
much thereof as may be found necessary, for the salaries and ex- 
penses of the commissioner of university and school lands, clerk 
hire, record books, blanks and all such other expenses as shall be 
necessarily incurred by the board of university and school lands in 
carrying out the provisions of this article, and such expenses shall 
be paid out of the treasury, and upon satisfactory vouchers therefor 
the state auditor shall issue his warrant for the same. 



STATE OF NORTH DAKOTA. 129* 



APPENDICES. 



APPENDIX A. 



SPECIAL LAWS. 



The following special laws enacted by the legislative assembly 
from 1877 to June 20, 1886, pertaining to the organization and gov- 
ernment of independent school districts and acts amendatory there- 
of are in full force and effect, to-wit : 

(a) "An act providing a board of education for the city of Fargo, 
Dakota Territory, and regulating the management of the public 
schools therein," approved February 20, 1879. 

(b) "An act providing for a board of education for the city of 
Jamestown, Dakota Territory, and regulating the management of 
the public schools therein,'' approved March 3, 1883. 

(c) "An act providing for a school board for the city of Lisbon, 
and for other purposes," approved March 13, 1885. 

(d) "An act to create certain territory now within the school 
township of Brightwood, Richland County, Dakota Territory, as 
an independent school district. No. 1 (Hankinson), Kichland county, 
Dakota Territory," approved March 13, 1885. 

(e) "An act establishing the independent school district of Wal- 
cott, Richland County, Dakota Territory," approved March 13, 1885. 

(f) "An act to create a joint school township (Waziya) in the 
counties of Griggs and Steele," approved March 13, 1885. 

All other special and private laws pertaining to the estaiblishment 
and management of schools in that portion of the Territory of 
Dakota which now constitutes the state of North Dakota, have 
expired by their own limitation, or otherwise. 



130 GENERAL SCHOOL LAWS, 



APPENDIX B. 



STATUTES NOT INCLUDED IN SCHOOL LAWS. 
PENALTY FOR FAILURE TO MAKE REPORTS. 

§ 306. Penalty. Any county, city, village, civil town- 
ship, school township or school district officer, who is required by 
law to make an official report to any other county, city, village, 
civil township, school township or school district officer, board, 
tribunal or state officer, and who willfully neglects to make such 
report, or fails to perform such official duties, shall forfeit and pay 
to the state a penalty of not less than ten nor more than two hun- 
dred dollars, to be recovered from such delinquent officer, or from 
him and the sureties upon his official bond, in a civil action to be 
brought by the state's attorney in any court of record having juris- 
diction. 

§ 307. Examination of records. State's attorney to prose- 
cute. It shall be the duty of the board of county commissioners 
and the state's attorney in each county to exaimine the records of 
the several county officers at the end of the officer's term of office 
to see that they have been properly kept. Any failure must be 
remedied or it shall become the duty of the state's attorney to pros- 
ecute any such officer for neglect as provided in the last section. 
It shall also be the duty of the city council, board of aldermen, vil- 
lage trustees, civil township supervisors, school township or school 
district board, as the case may be, to examine the records of their 
several officers in a like manner, or upon complaint by the proper 
board the state's attorney shall prosecute as provided in the last 
section. 

§ 308. Blanks to be furnished. It shall be the duty of the 
county, city, village, civil township, school township or school dis- 
trict officers to provide at the expense of the county, city, village, 
civil township, school township or school district, such blanks and 
records as are necessary for making the proper record and the 
transaction of any official business connected with his office. 

FILING BOND OF TREASURER. 

§ 346. Bonds of to'wrnship and school district officers. 

It shall be the duty of each county auditor on or before the first 
■day of March in each year to procure the proper blank bonds and 
send them to the clerk of each township and school district, and all 
such officers required by law to give bonds shall procure such bonds 



STATE OF NORTH DAKOTA. 131 

from the proper clerk; and shall imimediately after the execution 
and approval thereof hand the same to the clerk of the township, 
whose duty it shall be forthwith to file such bonds, except those of 
justices of the peace, with the county auditor, and the county 
auditor shall on receipt thereof examine such 'bonds and see that 
they are properly executed and, if he finds that any bonds are not 
executed according to law, he shall note thereon any errors and 
return them to the clerk for correction, and it is hereby made the 
duty of the clerk to have such bonds corrected forthwith and re- 
turn the same to the county auditor. The comnty auditor shall not 
issue any order upon the county treasurer for funds or money be- 
longing- to a civil township or school district to any person as 
treasurer of such township or school district until his bond has 
been filed as in this section provided, 

BONDS. 

§ 2474. Bonded indebtedness, for what incurred. Limit 

of. Any city or municipal corporation in this state may 
incur a bonded indebtedness for the purpose of erecting public 
school buildings and other buildings for city purposes, purchasing 
fire apparatus, putting in waterworks, sinking public wells or 
cisterns and putting in sewers and imiproving streets, which said 
indebtedness, together with the indebtedness which then exists 
shall not, except as otherwise provided, exceed five per cent of the 
assessed valuation of the taxable property in such city or municipal 
corporation as shown by the return of the assessor for the year 
next preceding the time at which such indebtedness shall be in- 
curred. 

§ 2475. Bonds, hovsr issued. Election. The bonds issued 
for the purposes mentioned in the last section shall be issued by 
the city council or board of trustees of any city or mmnicipal cor- 
poration only upon a majority vote of the qualified electors of such 
city or municipal corporation voting thereon at an election 
regularly called for that purpose and in accordance with the pro- 
visions of the charter of such city or municipal corporation govern- 
ing the issuance and sale of bonds; provided, that in all cities and 
municipal corporations where the charter does not provide the 
manner of calling and holding an election for the purpose aforesaid, 
a special election shall be called and held as herein provided, or 
such question may be submitted at any annual election. The city 
council or board of trustees at any regular meeting thereof may 
decide to call a special election to vote bonds for any of the pur- 
poses stated in section 2474, and they shall give at least fifteen 
days' public notice of such election by at least two publications 
thereof in a weekly newspaper published therein, or if there is no 
such newspaper then by posting such notice in five public places in 
such city. Such notice shall state the amount and denomination 
of the bonds to be voted for, the rate of interest thereof, the purpose 



132 GENERAL SCHOOL LAWS, 

for which such bonds are to be issued, the form of the ballots to be 
used and the time and place of holding such election. The judges, 
and clerks shall be appointed and the election shall be conducted 
as provided by the charter of said city for conducting annual 
elections, and the returns shall be canvassed and in like manner 
returned. This article shall not be construed to limit or restrict 
the powers already conferred by any special chapter upon the 
council of any city or municipal corporation. The bonds voted 
as provided for in this article shall be sold at not less than par 
value. 

§ 2483. Bonds may be refunded. All bonds heretofore issued 
by any city or by or under the authority of the board of education 
of any city in this state for school or school house, purposes may 
be refunded in the discretion of said board in the manner herein- 
after provided, whenever there is not sufficient money in the treas- 
ury of such city applicable thereto, to pay such bonds. 

§ 2484. Denomination of bonds. Said bonds shall be in 
denominations of not less than one hundred nor more than one 
thousand dollars, shall be numbered consecutively from one up- 
ward, shall bear the date of their issue, shall be made payable ta 
the purchaser or bearer, shall be payable ten years from date, and 
shall bear interest at a rate not exceeding seven per cent per annuim 
payable annually, with interest coupons attached, and principal 
and interest shall be made payable at such place as may be desig- 
nated by the board of education. The bonds and each coupon shall 
be signed by the mayor and attested by the city clerk or auditor 
under the seal of the' city. Said bonds shall be printed, engraved 
or lithographed on bond paper, and a duly authenticated copy of 
this article shall be printed on the back of each bond. 

§ 2486. Bonds, ho^w executed. The refunding of indebtedness 
and the issuance of bonds provided in this article shall be under 
the control and direction of the board of education, and a resolution 
of said board directing the execution of such bonds and specifying 
the number and amount of each bond shall authorize and require 
the mayor and city clerk or auditor to execute the same in the 
manner herein provided, and deliver the bonds so executed to the 
board of education who shall provide for the sale and negotiation 
thereof or for the exchange of said bonds for outstanding bonds 
authorized to be refunded under this article, as they may deem 
best; provided, that such refunding bonds shall not be sold or 
exchanged at less than par value. Both principal and interest of 
said bonds shall be paid by the city treasurer by warrants drawn 
upon the funds created therefor and issued under the direction of 
the board of education. A duly certified copy of the resolution of 
the board of education authorizing and directing the execution of 
such bonds by the mayor and city clerk or auditor shall be printed 
on the back of each bond. A register of all bonds so executed 
shall be made by the city clerk or auditor and kept in his office as 



STATE OF NORTH DAKOTA. 133 

a public record, showing tlie number, date, amount, interest, name 
of payee and when and where payable, of each and all bonds exe- 
cuted under the provisions of this article. And after such out- 
standing bonds shall have been so refunded the same shall be 
placed in the hands of the city clerk or auditor after having had 
first marked across the face thereof in red ink the words "refunded 
bond;" and the city clerk or auditor shall thereupon make a record 
of each bond in the same manner provided herein for bonds issued 
under this article and at the next regular meeting of the city coun- 
cil shall cancel and burn said bonds in the presence of the city 
council and make a record O'f such action in the proceedings of the 
council. 

§ 2487. Interest fund. Any city, town or village in this state 
having not less than three thousand inhabitants is authorized and 
empowered through its proper officers tO' levy and collect taxes not 
exceeding twelve mills on the dollar of the assessed valuation oif 
said city, town or village, for the purpose of creating an interest 
fund with which to pay interest upon the existing bonded indebted- 
ness of such municipality, including bonds, if any, issued under the 
direction of the resipective boards of education therein. If any 
officer of such municipality shall use the moneys collected by virtue 
of this section for any other puri>ose than that expressed herein, 
lie shall be guilty of a misdemeanor, and upon conviction thereof 
shall be fined not less than one hundred nor more than five hundred 
dollars or imprisoned in the county jail not less than thirty days 
nor more than one yeav. 

§ 2488. Sinking fund. They may also levy and collect taxes 
not exceeding four mills on the dollar for the purpose of creating 
a sinking fund to pay the bonds of the municipality as tlie same 
may mature; and the proper officers of the municipality may invest 
the money in said fund in interest bearing securities of the state 
or of any organized county therein or of the municipality, and shall 
in no other manner dispose of the money in said fund, and if any 
officer of such municipalities shall use the money in said fund in any 
other manner than as provided in this section he shall be guilty of 
a misdemeanor. 

BONDS FOR LABOR AND MATERIAL FOR PUBLIC BUILDINGS. 

§ 4802. Bonds from contractors on public improvements. 

Whenever any public officer shall, under the laws of this state, 
enter into contract in an}- sum exceeding one hundred dollars, with 
any person for making any public improvements, or for constructing 
any public building, or making repairs on the same, such officer 
shall take from the party contracted with a bond, conditioned to 
the effect that such contractor shall pay all indebtedness incurred 
for labor or material furnished in the construction or repair of such 
public building or in making such public improvements. 



134 GENERAL SCHOOL LAWS, 

§ 4803. How bond executed. Such bond shall run to the 
state of North Dakota, shall be executed by two or more sureties 
and shall be for an amount at least equal to the price stated in the 
contract. It shall be approved by the clerk of the district court 
of the county in which such building is to be constructed or such 
public improvement is to be made and the sureties thereon shall 
qualify in a sum equal to double the amount specified in the bond. 

§ 4804. Where bond filed. Recovery on. Such bond 
shall be filed in the office of the clerk of the district court of the 
county in which such public improvement is to be made or such 
public building is to be erected; and any person to whom there is 
due any sum for labor or material furnished, as stated in section 
4802, or his assigns, may bring an action on the bond for the recov- 
ery of such indebtedness ; provided, that no action shall be brought 
on such bond unless commenced within one year from the com- 
pletion of such public improvements, repairs or buildings. 

SPECULATION IN OFFICK PROHIBITED. 

§ 7632. Unlawful purchases by school district officers. 

Every person who while an officer of any school district or corpora- 
tion, or deputy or clerk of such officer, directly or indirectly, buys 
or traffics in or in anywise becomes a party to the purchase of any 
school warrant, order or scrip, or any bill, account, claim or evi- 
dence oif indebtedness against his school district or corporation, 
for any sum less than the full face value thereof, is guilty of a mis- 
demeanor, and upon conviction thereof is punishable by a fine of not 
less than fifty and not exceeding five hundred dollars. 



APPENDIX— C. 



DIGEST OF DECISIONS OP SUPREME COURT. 
SCHOOL DISTRICTS — POWERS. 

Laws Dak. 1879, Chap. 14, Sec. 29, Subd. 4, provides that the in- 
habitants qualified to vote at a school district meeting may vote for 
a site for a school house. By subdivision 5, they may vote a tax 
to purchase or lease such site. By section 56, it is made the duty of 
the district board "to purchase or lease such site for a school house 
as shall have been designated by the voters at a district meeting," 
and to build such a school house as the voters of the district shall 
have agreed upon. Held, that the power to acquire a site for a 



STATE OF NORTH DAKOTA. 135 

school house is vested exclusively in the voters of the district, and 
the board have no independent authority whatever. 
Farmers' and Merchants' National Bank of Valley City, vs. School 
District No. 53, Barnes County, 42 N. W., 767. 

The statute restricts the amount of obligations a school district 
may incur in any one year to 1^ per cent on the value of the taxable 
property in the district. Held, that warrants payable immediately, 
for sums exceeding such percentage, are invalid. Id. 

The district may plead ultra vires to an action on warrants issued, 
for the purchase of a school site by the district board without 
authority. Id. 

SCHOOI. AND SCHOOL DISTRICTS — TAXATION — CONTRACTS. 

Laws Dak. 1879, Chap. 11, Sec. 29, Subd. 5, provides that school 
districts may vote annually a tax of 1 per cent on the taxable prop- 
erty of the districts to purchase or lease a site for a school house. 
Subdivision 8 provides that school districts may vote a tax as may 
be necessary, not exceeding one-half per cent in any one year, to 
furnish the school with furniture and apparatus. A school board 
issued orders in excess of 1 1-2 per cent of the taxable property in 
the district, on which they obtained money, which was used in pur- 
chasing a site and building, and furnishing a school house; and, on 
completing the school house two years thereafter, reported such or- 
ders, showing that they amounted to less than 1 1-2 per cent tax for 
each of the two years would have produced, and the district ac- 
cepted and occupied the school house, and approved the report. 
Held, that the district had power to issue the orders, and had 
ratified the action o'f the board in issuing them, and was bound 
thereby. 
Capital Bank of St. Paul vs. School Dist. No. 85, Cass Countv 42 

N. W., 774. 

SCHOOL AND SCHOOL DISTRICTS — INCORPORATION — BONDS — 

ESTOPPEL 

Pol. Code Dak. 1877, Chap. 40, Sec. 10, provides that "it shall 
be the duty of the county superintendent of schools * ♦ * 
to divide his county into school districts, subdivide and rearrange 
the boundaries of the same, when petitioned by a majority of the 
citizens residing in the district or districts to be affected by said 
change and to furnish the countj^ commissioners * * * 
with a written description of the boundaries of each district, 
which description must be filed in the register of deeds' office 
before such district shall be entitled to proceed with its organiza- 
tion." Held, that a petition by a majority of the citizens of the 
districts affected is a condition precedent to the incorporation by 
the superintendent of a new district.. 
Dartmouth Sav. Bank vs. School Dists. Nos. 6 and 31, Minnehaha 

County, 43 N. W., 822. 



136 GENEUAL SCHOOL LAWS, 

In an action on a bond issued by a district formed without such 
petition against districts which are its successors, defendants are 
not estopped to deny that district's incorporation by showing 
failure to present the petition. Id. 

SCHOOL DISTRICTS — TEACHE^r'S SALARY — WARRANTS. 

Every contract relating to the employment of a teacher who 
does not hold a lawful certificate of qualification is void by the 
express terms of the statute, and every warrant issued in payment 
of services of such teacher is without consideration and void. 
Goose River Bank vs. Willow Lake School Tp., Steele County, 44 

N. W., 1002. 

School township warrants are not negotiaible instruments, in the 
sense that their negotiations will out off defenses to them existing 
against them in the hands of the payee. Id. 

The officers of a school township cannot estop the township by 
a representation, express or implied, that the facts to authorize 
the issue of a lawful warrant exist. Id. 

Where a contract is expressly prohibited or declared void by 
statute, retention of the fruits of such contract will not subject a 
municipality to liability under the contract or on a quantum 
meruit. Id. 

A person who assists a pulblic officer in depriving the public of 
the benefits of a statutory protection designed to guard the people 
against unfit and incompetent teachers has no standing in court, 
and his assignee will receive no greater consideration. Id. 
Coler et al. vs. Dwight School Tp., of Richland County. 
N (Supreme Court of North Dakota, April 25, 1893.) 

SCHOOIv TOWNSHIP — ESTOPPKI< — EXISTENCE OF DISTRICT. 

1. The county superintendent of schools, under chapter 14, 
laws of 1879, organized a school district. School district officers 
were elected, and exercised the functions of their respective of- 
dfices; teachers were employed by the district, and school was 
taught therein, and a school meeting was held in the district to 
vote upon the question of issuing bonds to build a school house. 
Such bonds were thereafter issued. In an action upon some of 
the interest coupons of such bonds, Held, that the district was a 
defacto municipal corporation, and that therefore the defense 
could not be interposed that the bonds were void on the ground 
that the district had no legal existence because of a failure to 
comply with provisions of the statute regulating the organization 
of such districts in matters which went to the jurisdiction of the 
county superintendent to organize the district. 

2. Municipal corporations are estopped, as against bona fide 
holders of municiipal bonds', from setting up as a defense to an 
action thereon that all the preliminary steps necessary to auth- 



STATE OF NORTH DAKOTA. 137 

orize the issue of the bonds were not taken, when the officers 
who have charge of the issue of such bonds are especially or 
impliedly authorized to determine whether all the conditions pre- 
cedent to the issue of valid bonds have been complied with, and 
recite in the bonds so issued that they have been complied with. 
It is not necessary to estop the corporation that this statement 
should set forth in detail that all the preliminary steps have been 
taken. It is sufficient that it declare that the bonds are issued in 
pursuance of a certain statute, specifying it. Neither is it essen- 
tial that the officers issuing the bonds should be expressly author- 
ized to determine such questions. 

It is sufficient if they are given full control in the matter. 

3. A school township organized under chapter 44, laws of 
1883, becomes, immediately upon such organization, liable for 
debts of a district, the school house and furniture of which become 
the property of the school township. This liability is complete, 
and does not depend upon the settlement of equities between 
several districts included in the new school township, under sec- 
tions 136-138, c. 44, laws 1883. 

(Syllabus by the Court.) 
Prairie School Dist. vs. Haseleu et al. 

(Supreme Court of North Dakota, July 6, 1893.) 

SCHOOL DISTRICTS — POWERS OF OFFICERS — LOSS OF FUNDS — LIABIL- 
ITY OF TREASURER ON OFFICIAL BOND — PAROL EVIDENCE — 
HARMLESS ERROR. 

1. Chapters 44-45, Ses. Laws Dak. T. 1883, relating to school 
townships and school house bonds, considered. Held, that the 
school board (consisting of the treasurer, clerk and director) is 
the official governing board of such school township, and such 
board has lull power and authority to issue, negotiate and sell 
such bonds of the school township as have been duly voted by 
the electors for the purpose of building a school house. Held, 
further, that the school township treasurer, acting independently, 
has no authority under the law and by virtue of his office as treas- 
urer, to issue, negotiate or sell such bonds. 

2. Where the school board of the j)laintiff, consisting of the 
treasurer, clerk and director, issued certain school house bonds, 
which had been regularly voted by the electors, and in doing so 
delivered such bonds to a bank to be negotiated and sold for the 
benefit of the school township, and the bonds were sold and put in 
circulation, but the proceeds were never turned over to the school 
township, but, on the contrary, were lost to the school township. 
Held, that the school board was wholly responsible for such loss. 
Held, further, that such bonds not having been delivered to the treas- 
urer for negotiation and sale, and he never having sold or attempted 
to sell the same, an action will not lie against the treasurer or his 



138 GENERAL SCHOOL LAWS, 

sureties on bis official bond for a breacb of tbe condition of such 
bond, which requires the treasiurer to account for and pay o^er all 
monej^s and property which shall come into his hands as treasurer. 

3. The obligations of sureties upon official bonds are measured 
by the language of the bond, and where the condition of a bond 
embodies the provision of the statute, and no more, the obligation 
cannot be expanded by construction beyond the fair import of the 
language in which the sureties have consented to be bound, 

4. When the bonds were delivered by the board at the bank for 
negotiation and sale,, all members of the board were at the bank,^ 
and acting in concert. At the time the cashier of the bank deliv- 
ered to the treasurer a writing as follows: "|1,000. Grand 
Rapids, Dakota, Sept. 28th, 1883. Received of William Haseleu, 
Treasurer Prairie School Township,' one thousand dollars in bonds 
of Prairie Township, LaMoure Co., D. T., for placing and Or. A. H. 
Huelster, Cashier Bank of Grand Rapids." Held, that such writing 
embodied both a receipt and a contract, and that as such its terms 
could be varied and explained by parol evidence, but only as to that 
part which is a mere receipt. 

5. Where it appears that upon the uncontroverted facts the 
plaintiff cannot recover in the action, a verdict and judgment for 
defendants will not be disturbed by this court even when the 
records show errors in procedure. Such errors are without preju- 
dice. 

(Syllabus by the Court.) 
Gull River Lumber Company, Plaintiff and Respondent vs. School 
District No 39, Barnes County, D. T., Defendant and Appel- 
lant. 

1. practice;— FINDINGS OF FACT. 

When the trial court determines the issue of fact withont a jury, 
the requirements of the statute as to findings is mandatory, and 
not directory. In such cases it is the duty of the trial court with- 
out request to make express findings oi the ultimate facts which 
are material and arise upon the pleadings. Accordingly when the 
district court, in such case, made no express findings of the ultimate 
facts which were in issue, but instead of doing so adopted certain 
documentary evidence, and a certain stipulation of facts, as its 
findings of facts, and fromi such findings drew certain legal con- 
clusions, upon which judgment was entered. Held, reversible 
error. 

2. CAPITAI, BANK VS. SCHOOL DISTRICT FOLLOWED. * 

Merits of this case same as decided at present term of court, i. e. 
Capital Bank of St. Paul vs. School District No. 53. 
Gull River Lumber Company vs. School District No. 39, of Barnes 
County. 



STATE OF NORTH DAKOTA. 139 



1. TRANSFER OF CAUSES UNDER THE OMNIBUS BILL. 

Respondent, after admission of North Dakota into the Federal 
Union, ai^gued the appeal in this case in the supreme court of the 
state, applied for a rehearing after defeat, and after securing a 
rehearing applied for and obtained a continuance. Held, that he 
could not thereafter obtain a transfer of the case to the federal 
court on the ground of diverse citizenship, under the provisions of 
the enabling act. 

(Opinion filed Feb. 2, 1891.) 
Capital Bank of St. Paul, Plaintiff, Appellant vs. School District 
No. 53, Barnes County, D. T., Defendants and Eespondent. 

1. SCHOOL DISTRICT — CONTRACT ULTRA VIRES — RATIFICATION. 

A contract authorized by the inhabitants of a school district 
at a district meeting, to build a school house for an amount in ex- 
cess of funds on hand or subject to collection for that purpose, and 
the amount that could be realized from the maximum tax which 
could be levied by the inhabitants for the current year and used for 
that purpose, is void. Therefore, Held, that such a contract, void 
because the district board had no authority to make it, could not be 
made binding upon the district by subsequent ratification by the 
inhabitants. Whether there were sufficient evidence of such rati- 
fication not decided. 

2. SAME — RECEIPT OF FRUITS OF CONTRACT CREATES NO 

LIABILITY. 

Such contract being implied prohibited by statute, the receipt 
by the district of the fruits thereof creates no liability either under 
the contract or for the value received. 

3. SAME — WARRANT CREATES NO LIABILITY. 

A warrant creates no greater liability than the debt it represents, 
whether in the hands of the original party or of a purchaser before 
maturity and for value. 

Opinion filed Nov. 29, 1890.) 
Goose River Bank vs. Gilmore, et al. 

(Supreme Court of North Dakota, Jan. 25, 1893.) 

APPEAL FROM ORDER DENYING NEW TRIAL — RECORD. 

1. When an appeal is taken from an order denying a new trial, 
and the motion for a new trial was heard in part upon certain papers 
and documents, which, on appeal to this court, have been properly 
identified by the judge and certified by the clerk of district court, a 
motion to purge the record of such papers and documents for the- 
reason that the same are not authenticated by any bill or statement. 



140 GENERAL SCHOOL LAWS, 

cannot be susitained. Under section 5, chapter 120, laws 1891, no 
bill or statement is required to bring such paipers and dociuments 
before the court. 

2. The stenographer's transcript of the proceedings had at the 
trial, and used on a motion for a new trial for the purpose of show- 
ing errors of law occuring at the trial, does not constitute an au- 
thenticated record and before this court can review errors occur- 
ring at the trial the proceedings must be brought upon the record 
by a bill of exceptions or statement of the case. 

3. An affidavit used upon a motion for a new trial, which states 
that certain evidence could and would be offered if a new trial 
sho'uld be granted, is entirely insufficient unless it also states that 
such evidence is newly discovered, or furnishes some excuse for not 
introducing it on the former trial. 

(Syllabus by the Court.) 
People's Bank of St. Paul vs. School District No. 52. 
(Supreme Court of North Dakota, December 16, 1893.) 

SCHOOI, DISTRICT BONDS — STRICT COMPLIANCK WITH STATUTE. 

Where a statute authorized the issue of municipal bonds payable 
in not less than ten years from date, bonds issued thereunder, pay- 
able in eleven days less than ten years from date are void, even in 
the hands of a bona fide purchaser. 

INDEPENDENT I.IABII,ITY OF DISTRICT. 

The invalidity of such bonds does not affect the liability, if any, 
of the municipality, independently of the bonds. 

BONA FIDE PURCHASERS — NOTICE OF LAW. 

It is elementary that even bona fide purchasers of negotiable 
municipal securities are charged with knowledge of all the require- 
ments of the statute under which the securities were issued. 
Benjamin W. Hosmer vs. Sheldon School District No. 2. 

(Siupreme Court of North Dakota, July 23, 1894.) 

SCHOOL DISTRICT— teacher's CERTIFICATE— VOID EMPLOYMENT. 

A contract duly executed between the proper officers of a school 
district and another person, by the terms of which said person is 
employed as a teacher in a public school in said district, is void 
where such person, at the time of making the contract, holds no 
certificate of authority to teach in the county where the district is 
located. 

CERTIFICATE WILL NOT RELATE BACK. 

The sulDsequent procurement of such certificate will not enable 



STATE OF NORTH DAKOTA. 141 

such person to recover against the district damages for the breacjb 

of such contract. 

iSarauel D. Flagg vs. School District No. 70. 

(Supreme Court of North Dakota, March 19, 1894.) 

MUNICIPAL BONDS —PROVISION FOR EXCHANGE DESTROYS NEGO- 
TIABILITY. 

An instrument providing for the payment of exchange on a point 
other than the place of payment, in addition to principal and inter- 
est, is not a negotiable instrument; and one who purchases the 
same before maturity for value, and without notice of any defense 
thereto, nevertheless takes it subject to the defense of want of con- 
sideration good as between the original parties to the instrument. 

CERTIFICATE OF PROPER OFFICER — EVIDENCE OF VALIDITY. 

Defendant was authorized to issue bonds to fund its outstanding 
indebtedness in case certain statutory prerequisites were complied 
with. A record of the proceedings culminating in the decision to is- 
sue bonds was to be made in the district, and a certified copy thereof 
was to be filed with the county clerk, and preserved as a record in his 
office. It was made the duty of the county clerk to examine such 
record in his office, and if satisfied, from such examination, that all 
the requisites of the act with respect to the preliminary proceedings 
had been complied with, and that the bonds were authorized to b(? 
issued, as provided for in the act, he was to register the bonds, and 
indorse upon each of them his certificate in the form prescribed in 
the statute. The bonds in question were so registered and cer- 
tified. Held, that a purchaser of such bonds, for value, before 
maturity, and without notice that any of the co ad > lions of che 
statute relating to proceedings to authorize the issae of the bonds 
had not been complied with, could rely upon the certificate of the 
county clerk as finally settling all such matters, and that the court 
below did not err in rejecting defendant's offer to prove thai, such 
conditions had not been complied with. 

BONDS REGISTERED AND CERTIFIED AS LEGAL UNDER STATUTE — 
NOT OPEN TO QUESTION IN HANDS OF BONA FIDE PUR- 
CHASERS. 

By an amendment to the act, it was provided that no dislrict, 
in which the title to the school site was not in the school board, 
should bond its debt until it had obtained such title. But it was 
declared in such amendment that, after the bonds had been regis- 
tered and certified, their validity should not be questioned in any 
tribunal, but should be and remain valid and binding. Eeld 
that this provision made it the duty of the county clerk to pass 
upon this question of title before registering and certifying the 



142 GEINERAL SCHOOL LAWS, 

bonds, and tliat, therefore, his decision, evidenced by registering 
and certifying the bonds, that such condition as to title to the 
school site had been complied with, was final on the point, as 
against the district, in favor of one who purchased the bonds in 
good faith, for value, without notice that this condition had not 
been coiniiplied with, 

RKCITAI^S IN NON-NKGOTIABLK BONDS. 

The right of a bona fide purchaser of municipal bonds to rely 
upon a recital or certificate as to facts which the person making 
the same had authority to determine, does not depend upon the 
bond being a negotiaible instrument. It exists in the case of a 
bona fide purchaser of a non-negotiaible bond as well. 

WANT OP CONSIDKRATION CANNOT BE SHOWN AGAINST A BONA FIDE 

PURCHASER. 

The statute declared that a committee should audit the claims 
against the district, and determine the amount of indebtedness to 
be funded. Held, that the auditing by the committee of claims 
against the district, and the vote of the district to bond to pay 
such bonds, as against a bona fide purchaser of such bonds; that, 
an inquiry as to the validity of such claims as a consideration for 
such" bonds, as against a bona fide purchaser of such bonds, that, 
as against such purchaser, the district could not show, to prove a 
want of consideration between the original parties, that the bonds 
were in fact paid for by the one to whom they were originally issued 
by the district, by the surrender of void claims held by him against 
the district, provided such claims had in fact been audited and 
canceled, and bonds voted and issued under the provisions of the 
statute. 
Samuel D. Flagg vs. School District No. 70, Barnes County. 

(Supreme Court of North Dakota, October 28, 1895.) 

ACTION ON SCHOOI. BONDS — EVIDENCE OF WANT OF CON- 
SIDERATION. 

Under the decision of the court on the former appeal in this case 
(58 N. W. 499, N. D. 30) it was held that the defendant could show 
a want of consideration for the bonds sued on by proving that 
defendant received neither cash nor audited and canceled war- 
rants as a consideration for them. For error in refusing to allow 
such proof the judgment is reversed. 

(Supreme Court of North Dakota, May 27, 1897.) 

SPECIAI, DISTRICT — EQUAI^IZATION OF INDEBTEDNESS. 

Where a school district is divided, by the organization of a cily 
•or incorporated town or village situated within said district, into 



STATE OF NORTH DAKOTA. 143 



a special school district, under the provisions of chapter G2 of the 
laws of 1890, the board of arbitration provided for by said chapter 
to equalize the interests of said districts must take into considera- 
tion the school building owned by the original district, and adjust 
the rights of the respective districts concerning the same. 
Coler et al. vs. Coppin et al, 

(Supreme Court of North Dakota, May 10, 1898.) 

SCHOOL TOWNSHIP — ENFORCEMENT OF JUDGMENT. 

1. When a judgment is obtained against a school township 
organized under chapter 44 of the laws of 1883, on an indebtedness 
of a school district for whose indebtedness such school township 
became liable under section 144 of such statute, the judgment 
creditor may proceed to enforce such judgment, the same as any 
other judgment against such school township. 



APPENDIX D. 



NOTES AND REFERENCES. 

Note 1. Section 34.3 fixes the bond of the superintendent of pub- 
lic instruction at $.5,000. 

Note 2. Section 343 fixes the bond of the county superintendent 
at 1500. 

Note 3. Article 9 provides for the filling of vacancies. Section 
359 provides when vacancies occur. 

§ 359. Vacancies how caused. Every office shall become 
vacant on the happening of either of the following events : 

1. Death of the incumbent. 

2. His insanait}' judiciallj" determined. 

3. His resignation. 

4. His removal from office. 

5. His failure to discharge the duties of his office, when such 
failure has continued for sixty consecutive days, except when pre- 
vented from discharging such duties by sickness or other unavoid- 
able cause. 

6. His failure to qualify as provided by law. 

7. His ceasing to be a resident of the state, district, county or 
township in which the duties of his office are to be discharged, or 
for which he may have been elected. 

8. His conviction of a felony or of any offense involving moral 
turpitude or a violation of his official oath. 



144 GEiNTERAL SCHOOL LAWS, 

9. His ceasing to possess any of the qualifications of office pre- 
scribed by law. 

10. The decision of a competent tribunal declaring void his 
election or appointment. 

See also section 730 of article 9. 

Teimporary absence from the district for which the officer is 
chosen does not work a forfeiture of the office. The failure to 
elect a successor in office does not create a vacancy. 
. Note 4. Section 645 does not confer upon the county superintend 
tendent authority to take acknowledgments. 

Note 5. County superintendent, salary of. In determining 
the salary of county superintendent that officer is entitled to in- 
clude schools in special and independent districts. A county 
superintendent becomes personally responsible for the accounting 
from such districts as reports of clerks and treasurers have to be 
filed with him for purposes of statistics and apportionment of the 
state school fund. 

Note 6. Under Section 653 a person to be qualified to hold the 
office of county superintendent must hold a state certificate or a 
first grade county certificate. Such first grade need not be issued 
in the county in which the county superintendent resides, but miust 
toe of legal effect at the time the holder assumes the duties of the 
office. 

Note 7. The amendment to section 660 passed by the legislative 
assemlbly of 1899 was declared to be unconstitutional by the su- 
preme coiurt in case of Plummer vs. Borsheim. This restores sec- 
tion 660 of the revised codes of 1895, which is as f ollow^s : , 

§ 660. What territory may be organized into district 
school corporations. The county commissioners of each county 
not organized for school purposes under the district school system 
at the taking effect of this code, shall organize into a distinct school 
corporation any territory not, at the taking eifect of this code, 
already organized into a civil township or a school township, upon 
being petitioned so to do by one-third of the residents of such ter- 
ritory, having the care and custody of any child of school age; 
provided, such territory shall consist of not less than one con- 
gressional township, having at least eight thousand dollars of tax- 
able property and at least ten children of school age residing 
therein. The county commissioners of every such county, with 
the advice and consent of the county superintendent, may rear- 
range the bonndaries in any school corporation whose territory is 
not included within a civil township, when petitioned so to do by a 
majority of the voters residing within smch school corporation, 
whose boundaries will be affected thereby, subject to the same re- 
strictions and conditions as to extent of territory, value of taxable 
property and number of resident children of school age as in the 
organization of a school corporation from territory not included in 
a civil township. In the formation of school corporations and the 



STATE OP NORTH DAKOTA. I45. 

rearrangement of their boundaries as provided for in this section, 
the boundary lines of congressional townships shall be followed as 
far as possible as school corporation lines. 

Note 8. Section 667, Eevised Codes, does not permit the 
organization of a district when there are twelve or more chil- 
dren of school age resident therein, without them'equisite amount 
of taxable property, as specified by section 660, revised codes. 

Note ^». Elections. Terms of officers. Novacancy exists to be filled 
bj' appointment w^hen a school board fails to hold an election at 
the time prescribed in article IV of the general school laws. The 
officers whose terms expire and whose successors would have to 
be chosen at a regular election do not vacate their office but hold 
until theii* successors are duly elected and qualified agreeably to 
the provisions of section 670 revised codes. 

Note 10. Section 672 prescribes who is qualified to vote or hold 
office and refers to the following sections which emhody section 
121 of the constitution; the restrictions as to registration are not 
applicable. 

§ 479. Who entitled to vote. Every male person of the age 
of twenty-one years or upwards who shall have been a resident of 
this state one year, six months in the county and ninety days in the 
precinct next preceding the election, who is a citizen of the United 
States or has declared his intention to become such one year and 
not more than six years prior to such election conformably to the 
naturalization laws of the United States, or any person of Indian 
descent who shall have severed his tribal relation two years next 
preceding such election, shall be entitled to vote; provided, he ha» 
complied with the provisions of any law which is now or may in 
the future be in force relating to the registration of voters. And 
all persons possessing the qualifications mentioned in this section 
and who have resided in this state one year shall be eligible to any 
office in the state, except as otherwise provided in the constitution; 
provided, however, that persons shall vote in the precinct where 
they reside and not elsewhere. 

§ 480. Qualifications of Indian voters. No Indian or per- 
son of Indian descent who has not received a final patent conveying 
the title in fee of lands alloted to him within the boundaries of this 
state, pursuant to an act of the congress of the United States, 
approved February 8, 1887, and entitled "'An act to provide for the 
allotment of lands in severalty to Indians on the various reserva- 
tions, and to extend the protection of the laws of the United States 
and the territories over the Indians, and for other purposes," shall 
be deemed a qualified elector of the state of North Dakota, or be 
entitled to the rights and privileges of an elector therein unless 
he was horn within the limits of the United States, and has volun- 
tarily taken up his residence within this state separate and apart 
from any tribe of Indians therein, and adopted the habits of civil- 
ized life, and is in no manner subject to the authority of any Indian; 
chief or council or Indian agent of the United States. 



146 GENERAL SCHOOL LAWS, 

Note 11. Section 680 provides for the appointment of ■ a clerk. 
His qualifications must be those of an elector of the district for 
which he is chosen as clerk. 

Note 12. Section 681 provides for four regular meetings and fixes 
the salary of each director at |8.00 per year, less |2.00 for each 
meeting missed. Section 717 requires the board to meet on the 
Tuesday in July succeeding the regular meeting of the board 
(which would be the third Tuesday) for the purpose of making 
settlement with the treasurer. No additional compensation is 
allowed for this or special meetings. 

Note 13. There is no conflict between sections 689 and 770 re- 
lating to a breach of the conditions of a school treasurer's bond. 
Section 770 is merely cumulative, prescribing that action against 
the treasurer failing or neglecting to pay over funds belonging to 
the district may be begun by the district school board, or the 
county superintendent or any taxpayer. 

Note 14. School privileges for non-resident pupils. Under 
section 696, revised codes, the school board is empowered "to 
admit pupils from other districts when it can he> done without 
injury or overcrowding such schools." The board is further author- 
ized and empowered to make regulations for their admission and 
the payment of tuition. Whether or not any provision be made 
for admission of non-resident pupils is discretionary with the 
board. 

Note 15, School house, location of. A school board may not 
■lawfully erect a school house upon public school lands unless the 
board acquires title to the site the same as title would be acquired 
to any other land. 

Note 16, Enumeration. Persons can be enumerated only in 
the district in which they have a legal residence. The legal resi- 
dence of a parent or guardian is the legal residence of the child. 

Where a party resides at two or more different places during the 
same year, it appears by the decisions of various courts that it is a 
privilege of said party to determine which place is his legal resi- 
dence unless he exercises his rights of citizenship, for instance, by 
voting or attending caucus at one place or the other. Such action 
would indicate his real intention. 

Note 17. State school fund not to be used in support of 
private or denominational schools. Under section 152 of article 
Vin of the constitution no money raised for the support of public 
schools of the state shall be appropriated to or used for the support 
of any sectarian school. There is nothing contained either in the 
constitution or statutes which warrants any other use of the fund 
than for the support of the common schools. 

Note 18. Teacher's permits. A permit to teach must not be 
issued to a person under the age of 18 years. 

Note 19. Certificates, issuance of third grade. Under sec- 
tion 742, Revised Codes, a county superintendent may issue a third 



STATE OF NORTH DAKOTA. 147 

grade certificate to a party who has taught less than fifteen months 
on a third grade certificate, irrespective of the numher of third 
grade certificates that may have been previously issued to said 
party. 

Note 20. Teacher's contract not affected by change in 
organization of district. A contract made and entered into 
between a general school district and a teacher is not modified by 
reason of reorganization of said general district into a special 
district during the time for which the contract was made, and the 
district is not relieved from the fulfillment of the obligation. 

Note 21. Teacher's salary vrhen school closed on account 
of quarantine. If under the general quarantine regulations a school 
be closed in due form, the teacher's right to collect pay for the time 
school was closed is governed by the general laws relating to em- 
ployer and employee. During the time said school is closed the 
teacher is under contract subject to the pleasure of the board, and 
during the existence of such contract is unable to be a party to 
another. 

Note 22. Teacher's report and salary. A teacher is entitled 
to pay at the close of each month's work, except for the last month 
in any term, when the same may be withheld until correct reports 
are made and filed by the teacher, as provided by section 748 
Revised Codes. This section does not authorize the withholding 
of the teacher's wages for any other month in the term. 

Note 23. Section 778 requires the certificate of the county aud- 
itor in addition to section 187 of the constitution and other statutes 
as to the issue being within the debt limit. Section 2057 requires 
also a certificate of the treasurer. These are aipplicable to special 
and independent districts as well as general districts. 

Note 24. Treasurer's bond. In a special school district the 
treasurer of the city, town, or village is treasurer of the board of 
education. By reason of being under bond as treasurer of a 
municipal corporation he is not relieved thereby from giving bond 
as treasurer of said school district, under section 805, Revised 
Codes. 

Note 25. Aliens not entitled to a certificate or permit. 
Under section 842 a county superintendent is forbidden to issue a 
certificate or permit to teach to any party who is not a citizen of 
the United States unless he has resided in the United States one year 
last prior to the time of such application for such certificate or 
permit. A declaration of citizenship alone does not entitle one to 
either certificate or permit. 

Note 26. Section 309 provides for the designation of an ac- 
counting officer for each public institution and defines his duties. 

Note 27. Sections 5124 and 5125 pertaining to holidays are as 
follows : 

§ 5124. Holidays. Holidays are every Sunday; the first day 
of January, which is New Year's day; the twelfth day of Fe'bruary, 



148 GENERAL SCHOOL LAWS, 

which is the birthday of Abraham Lincoln ; the twenty-second day 
of February, which is the birthday of George Washington; the 
foiurth day of July, which is the anniversary of the Declaration of 
Independence; the twenty-fifth day of December, which is Christ- 
mas day; the thirtieth day of May, which is Memorial day; every 
day on which an election is held throughout the state, and every 
day appointed by the president of the United States or by the gov- 
ernor of this state for a public fast, thanksgiving or holiday. 

§ 5125. When folio-wing day holiday. If the first day of 
January, twelfth day of February, the twenty-second day 0(f Feb- 
ruary, the fourth day of July, the thirtieth day of May, or the 
twenty-fifth day of December falls upon a Sunday, the Monday fol- 
lowing shall be the holiday. 

Note 28. Section 340 relating to bonds by officers, is as follows: 
Sec. 340. Each civil officer elected by the people or appointed 
by the governor or by any other authority, provided by law, except 
the governor and the officers and members of the legislative assem- 
bly, judges of the supreme and district conrts, county commission- 
ers, court stenographer, the mayor and aldermen in cities, the pres- 
ident and trustees in villages, but including township treasurers, 
clerks, justices of the peace, and constables, shall, before entering 
on his duties, give a bond conditioned for the faithful and impartial 
discharge of the duties of his office, (naming it fully), and render 
a true account of all moneys and property of every kind that shall 
come into his hands as such officer and pay over and deliver the 
same according to law. 

Note 29. Section 342 relating to approval of bonds is as follows: 
§ 342. Approval of bonds. The bonds of all state and district 
officers shall be given to the state, shall be approved by the gov- 
ernor as to sufficiency, and by the attorney general as to form 
and such bonds and a duplicate original of the oaths of all snch 
officers shall be deposited in the office of the secretary of state. 
The secretary of state shall keep a book in which shall be made a 
correct copy of such bond, which shall be called the "bond record"^ 
and, when such bonds shall have been recorded, they shall be 
deposited with and kept on file in the office of the state treasurer, 
except the bond of the state trasnrer which shall be deposited with 
and kept on file in the office of the state auditor. The secretary of 
state and state treasurer on receipt of such bonds shall issue 
a receipt therefor and such receipt shall be filed in the office 
of the state auditor. The bonds of all county, township and 
municipal officers shall be given to the county ; those of all county 
and municipal officers under the county shall be approved by the 
state's attorney as to form and by the board of county commission- 
ers as to sufficiency, and such bonds and a duplicate original of the 
oaths of office of all other such officers shall be filed with the connty 
auditor, except the bond and oath of such auditor, which shall be 
filed with the clerk of the district court for the connty or judicial 



STATE OF NORTH DAKOTA. 149 

subdivision. The bonds of township officers shall be approved by 
the chairman of the board of supervisors of the township. 

Note 30. The use of lignite coal is made obligatory by the follow- 
ing section: 

§ 1030. Public institutions to use. The various state insti- 
tutions, county buildings and public schools of this state shall use for 
fuel native or lignite coal, and it shall be unlawful for any officer to 
purchase for use in such institutions, county buildings and public 
schools any coal other than that taken from the mines within the 
boundaries of this state. This section shall not be construed, how- 
ever, as prohibiting the use of wood at such institutions, county 
buildings and public schools, when the cost thereof does not exceed 
that of native coal. 

Note 31. Section 370 authorizes the superintendent of public in- 
struction and other state officers to appoint deputies and prescribes 
manner of appointment. 



150 GENERAL SCHOOL LAAVS, 



APPENDIX E 



SCHOOL CALENDAR 

JANUARY. 

First Monday (odd numbered years) — Terms ol office of state sup- 
erintendent and county superintendent begin. Section 638. 

Second Tuesday — Kegular meeting of district school board. 
Section 681. 

fe;bruary. 

Third Monday — Apportionment of state tuition fund. Section 
711. 

MARCH. 

Second Friday — County examination for teachers. Section 740. 

APRII,. 

Second Tuesday — Regular meeting of district school board. 
Section 681. 

MAY. 

Last Friday — County examination for teachers. Section 740. 
Third Monday — Apportionment of state tuition fund. Section 
711. 

JUNE. 

District clerks to take enumeration before June 20. Section 707. 

At least fifteen days before third Tuesday — District school board 
designates polling place and causes three notices of election to be 
posted. Section 674. 

Third Tuesday — Annual school election at 2 p. m. Sections 670 
and 674. 

Within five days after annual election — ^Clerk to furnish each 
person elected a written notice of election. Section 677. 

Within ten days after annual election — District clerk forwards 
to county superintendent a certified list of all officers elected. 
Section 677. 

Thirtieth — School year ends. Section 749. 



STATE OF NORTH DAKOTA. 151 



JULY. 

1st — School year begins. Section 749. 

1st — Assessor furnishes school district clerk, county superin- 
tendent and auditor the amount of assessed valuation. Section 
724. 

Second Tuesday — Regular meeting of district school board. 
Section 681. 

Second Tuesday — District school board organizes and elects a 
president and clerk. Section 680. 

Second Tuesday (on or before) — School treasurer gives bond and 
qualifies. Section 684. 

Before 20th — District school board and board of education levy 
tax. Section 699 and 721. 

Immediately thereafter — District clerk and clerk of board of 
education notify county auditor the amount levied. Sections 721 
and 801. 

AUGUST. 

15th (on or before) — County superintendent transmits annual 
report to superintendent. 

Third Monday — Apportionment of state tuition fund. Section 
711. 

Last Friday — County examination for teachers. Section 740. 

OCTOBER. 

Second Tuesday — Regular meeting of district school board, 
section 681. 

Last Friday — County examination for teachers. Section 740. 

NOVEMBER. 

1st — (On or before, in even numbered years) — Superintendent 
makes report to the governor. Section 635. 

First Tuesday after first Monday (in even numbered years) — 
Election of superintendent and county superintendent. Sections 
622 and 638. 

Third Monday — Apportionment of state tuition fund. Section 
711. 

DECEMBER. 

Ist — Special and independent districts make enumeration of 
school children in the district. Section 707. 

Before 20th— District clerk and clerk of board of education for- 
ward to county superintendent enumeration of school children. 
Sections 707 and 716. 

31st — (On or before in even numbered years) — The report of the 
state superintendent is printed. Section 636. 



INDEX. 



ACCOUNTS- ®'''^"" 

County treasurer to keep with school corporations. . . . 719 42 

Form of, for district treasurer 717 41 

ACTION— 

Attorney General begins to collect on investments, 

when 175 m 

Child labor, for employment of, how brought. .. .762, 764 56, 57 

Compulsory attendance law, for violation of, how 

brought 701, 764 56, 57 

District treasurer refusing or neglecting to pay funds 770 58 

who may institute 689 32 

Trespass upon school and public lands 229 125 

ADJUTANT GENERAL— 

Muskets, to furnish for university 896 90 

ADJUSTERS— 

(See Board of Adjusters.) 
ADVERTISING— 

(See School and Public Lands.) 

AGE— 

Requisite, for holding county certificate 740, 741 49 

Requisite for holding county certificate, first grade . . 742 50 

Requisite, for holding normal certificate 738 48 

School, compulsory attendance 759 55 

deaf children 759 55 

AGENT— 

(See Commissioner of University and School Lands.) 

AGRICULTURAL COLLEGE— 

Board of trustees, appointment of 936 95 

compensation of 938 95 

duties 939 96 

experimental station, conducts 939 96 

directs 947 97 

faculty, employs 939 96 

funds, duty regarding 939 96 

meetings 938 95 



154 INDEX. 

_ Section 

AGRICULTURAL COLLEGE— Continued. 

Board of trustees, oath of office 937 95 

officers of 938 95 

report, to make 945 97 

salaries, fixes 941 96 

superintendent of construction, employs 989 96^ 

term of 936 95 

Course of instruction in 940 96. 

Experimental station, grants by congress accepted . . . 948 97 

objects of 947 97 

reports of 945 97 

Faculty, how constituted 942 96- 

president's duties 943 97 

reports, to make 944 97 

Graduates may receive honorary degrees 946 97 

Land grants for, accepted 948, 949 97, 98 

Location of 934 95 

Management of 935 95 

Reports of officers and how distributed 944, 945 97 

Treasurer, bond . 937, 950 95, 98 

not to be a member of board of trustees 937 95 

ALIEN— 

Certificate not to be granted to 742 50- 

ANNEXATION— 

County commissioners may annex districts, when. 662, 663 25. 
APPEAL— 

Superintendent of public instruction prescribes form 

of 629 18 

To county superintendent, from decision of school offi- 
cers or boards 644 21 

oath, may administer on (Note 2, p. 143.) 645 21 

To superintendent of public instruction 629, 644 18, 21 

examination, applicant for certificate 741 49 

notice of to be given 741 49' 

requirements 644 21 

APPORTIONMENT— 

County tuition fund, county superintendent makes . . . 722 44 

State tuition fund, county superintendent makes .... 647 22: 

superintendent of public instruction makes, when. . 711 39' 

Tuition funds, basis of (see Funds.) 715 41 

APPRAISAL— 

(See Board of Appraisers.) 

APPROPRIATION 

Aid for classified high schools 870 83; 

Board of university and school lands, expenses 235 127 

Bonds, interest on and expense of purchase by board 

of university and school lands 178 111 

Geological survey 904a 91 

School lands, lease of, advertising, etc 234a 126 

State educational library 866 82 

State institute fund 756 54 

Superintendent public instruction, expenses 637 20 

Traveling libraries 625 IS 

University, maintenance 904b 91 



ARBITRATION- 



INDEX. 155, 

Section Page- 



Law of, applicable to all districts 735 47 

In certain cities 802 81 

(See Board of Arbitration.) 

ASSESSMENT— 
(See Taxes.) 

ASSESSORS— 

Deaf and dumb children reported by 961 99 

Maps of school districts furnished by county super- 
intendent G43 21 

School and public lands, to report on 213 121 

Valuation to furnish district clerk 724 45 

ATTENDANCE— 

Compulsory, age for 759 55. 

length of tinie required 759 55 

when required 759 55 

who exempt 759 55 

Penalty for failure to comply with law 760 56 

for failure of officers to enforce law 761 56 

ATTORNEY GENERAL- 

Board of university and school lands, member of.... 169 lOS 
Funds, permanent and institution, institutes civil ac- 
tion to collect 175 111 

Prosecutes for trespass on school and public lands... 233 126 

AUDITOR— 

(See State Auditor and County Auditor.) 

BANK— 

Bond as depository for sinking fund 779 60 

BIBLE— 

Not sectarian book 754 53 

BLANKS— 

County superintendent to distribute 641 20 

Superintendent of public instruction to prepare 625 18 

BLIND ASYLUM— 

Board of trustees, appointment of 968 102 

compensation of 970 103 

duties of 972 103- 

meetings 970 103 

oath of office 969 103- 

organization of 969 103 

quorum 969 103 

reports to make 978 104 

term of 968 102 

Land grants, proceeds of, appropriated for 971 103" 

Location of 967 102 

Management of 967 102: 



156 INDEX. 

Section Page 
BLIND CHILDREN— 

Governor to provide care and instruction for 973a 104 

BOARD OF adjusters- 
How composed 725 45 

Levies tax to pay indebtedness of district, when .... 725 45 

BOARD OP APPRAISERS— 

Appraisal to make, when 183, 218 122, 122 

time in which made after receiving notice 183 112 

Compensation of 183,218 112, 122 

County superintendent member of 650 22 

fees 650 22 

Members of 183 112 

Penalty for making false report 183 112 

Report of appraisal, to make 183 112 

BOARD OF ARBITRATION— 

Appointment of 731 46 

County superintendent member of 731 46 

County treasurer member of, when 731 46 

Duties of 732 47 

Law applicable to all districts 735 47 

Special districts 807 68 

Tax levied by 733, 735 47 

collection of 734 47 

BOARD OF EDUCATION— 

Closets and privies to furnish 874 85 

Compulsory attendance, duties regarding 759 55 

Flag, to purchase 865 82 

Text-books, may furnish, free 863 81 

Cities other than independent and special districts, 

election of, in 856 80 

how conducted 858 80 

officers serve until, when 861 81 

term of 857 80 

Independent districts, bonds, determines issue of, 

in 842, 846 76, 77 

books, furnishes when 846 77 

census to take 843 76 

compensation, not to receive 836 75 

contracts, member not to be interested in 836 75 

duties and powers, generally 839, 846 75, 77 

election of 832 73 

how conducted 833 74 

meetings 837 75 

members to visit schools 847 78 

oath of office 835 74 

officers of 835 74 

official designation of 835 74 

ordinances and regulations, reports on to city coun- 
cil 846 77 

penalty for refusal to serve on 854 80 

powers of 846 77 

pupils, suspension and expulsion of 846 77 

quorum 832 73 

Tecords of received in court 838 75 



INDEX. 157 

Section Page 

BOARD OB^ EDUCATION.— Continued. 

Independent districts, revenues, duties as to expendi- 
tures of : 849 78 

seal of .' 838 75 

secretary, election of 838 75 

compensation fixed by board 838 75 

duties of 838 75 

tax levied by 839 75 

purposes for which levied 839 75 

term of 832 73 

tuition, may charge non-resident pupils 848 78 

vacancy in, how filled 834 74 

Special districts, to take census in 716, 797 41, 65 

clerk, appointment of .■ 794 65 

compensation of 794 65 

duties of 796 65 

contracts, members not to be interested in 792 64 

how made 802 67 

election of 790, 808 64, 69 

election, appoints officers of 811 69 

designates polling places for 811 69 

notices of 809, 810 69 

meetings of 793 65 

office, term of 791 64 

officers of 794 65 

when chosen 794 65 

powers and duties, generally 797 65 

president, duties of 795 65 

property, may require transfer of 788 64 

control of after equalization 806 68 

pupil, may expel or suspend 797 63 

quorum ^91 64 

i-eport to county superintendent 797 65 

schools, supervision of 799 67 

seal J87 63 

superintendent, may employ 797 6o 

tax levies, when 801 67 

taxes, may refund or correct, when 720 43 

teacher, may exact qualifications for when 797 65 

term of office 808 69 

territory, may attach to, when 786 63 

treasurer of city, ex-officio 803 67 

tuition, may charge 797 65 

vacancy in office, how filled 814 iO' 

BOARD OP MANAGEMENT OF NORMAL SCHOOLS— 

Appointment of 909 92^ 

Commission 5510 92 

Compensation of 911 92 

Duties and powers of 914 93 

How constituted 908 92 

Management of schools, by 907 92 

Oath 909 92 

Officers of 909 92 

Term of 909 92" 

(See also Normal Schools.) 



158 INDEX, 

Section Page 
BOARD OF TRUSTEES— 

Agricultural College, appointment of 936 95 

compensation 938 95 

duties 939 96 

meetings 938 95 

oath of office 937 95 

officers 938 95 

term 936 95 

(See also Agricultural College.) 

Blind Asylum, appointment of 968 102 

compensation 970 103 

duties 972 103 

meetings 970 103 

oath of office 969 103 

officers." • 969 103 

term 968 102 

(See also Blind Asylum.) 

Deaf and dumb asylum, appointment 952 98 

appointment 952 98 

compensation 958 99 

duties 956 99 

meetings 953 98 

oath 954 98 

officers 953 98" 

term 952 98 

(See also Deaf and Asylum.) 

Industrial School, appointment 976 104 

bond 978 105 

compensation 977 105 

meetings 977 105 

oath 978 105 

officers 977 105 

term 976 104 

(See also Industrial School.) 

Normal Schools, appointment 908 92 

commissions 910 92 

compensation 910 92 

governor, member 908 92 

meetings 911 93 

oath 909 92 

officers 908, 910 92 

superintendent of public instruction, member 908 92 

term 909 92 

(See also Normal Schools.) 

University, appointment 877 85 

compensation 891 89 

meetings 879, 880 86 

officers 878 86 

powers and duties 878, 881 86 

quorum 879 86 

reports, to make 883 87 

secretary, duties 878 86 

term 876 85 

(See also University.) 

BOARD OF UNIVERSITY AND SCHOOL LANDS— 

Advertising, approves bills for 234 126 

Agent, may appoint for selecting and leasing land 170 109 



INDEX. 159 

Section Page 
BOARD OF UNIVERSITY AND SCHOOL LANDS.— Continued. 

Appraisal, new, ordered when 195 116 

to equalize 218 122 

Appropriation for expenses of 235 127 

Bonds, appropriation for interest on and expense of 

purchase of 178 111 

Bonds, may purchase 172 109 

Certifies to governor fulfillment of contract before 

patent to issue 205 118 

Commissioner of, appointment, bond 170 109 

custodian of abstracts and conveyances 214 121 

deputy appoints with consent of 181 112 

duties 184, 234b 112, 127 

leases of lands, to conduct 221 123 

term 180 112 

vacancy 179 111 

Contracts, may cancel, when 200 117 

Control of school and public lands 170 109 

County auditor certifies sales to 190 . 115 

County commissioners, notification by, of funds to fix 

bond of county treasurer 209 120 

Expenses, appropriation for 235 127 

incidental, how paid 177 111 

Funds, permanent school and institution, authority 

to invest 172 109 

how invested 172 109 

subject to order of 174 111 

Lands, causes to be appraised, when 183 112 

certified for sale 184 113 

commissioner controls, subject to 182 112 

list of sold, to be furnished county treasurers 212 120 

may withdraw offers to sell when 189 115 

subdivided by when 194 116 

Leases, advertisement of lands for 220 123 

approval of 224 124 

confirmation of and contracts for 224 124 

selection of lands for 234b 127 

Members of, who are 169 108 

Meetings at which school funds may be invested .... 172 109 

regular 171 ' 109 

special 171 109 

Ofiicers of 169 108 

Patents, issuance of under seal 205 118 

Permanent and institution funds, invests 170 109 

Permits, may sell to cut hay or remove down timber. 228 125 

Powers of, genei*ally ■ 170 109 

Quorum 171 109 

Real property, controls grant of 1883 170 109 

Records, bonds 173 110 

mortgages 173 110 

open for inspection 173 1 10 

permanent funds 173 110 

signed by officers 173 110 

Sales of school and public lands, approves 191 115 

offers for resale, when 201 117 

postponement of, when 188 114 

to publish notice of 185 1 13 

Secretary, reports of investments of permanent funds. 173 110 

records to keep 173 110 

School funds, mortgages, amount of permanent funds 



160 INDEX. 

Section Page 
BOARD OF UNIVERSITY AND SCHOOL LANDS— Continuecl. 

School funds, to be loaned 172 109 

appraised value of lands as security 172 109 

may be paid, when 172 109 

loans made on, time to run 172 109 

vote to invest, how taken 172 109 

State treasurer to collect permanent school and insti- 
tution funds 175 111 

to keep permanent and institution funds subject to 

order of 174 111 

to keep register of bonds purchased by 176 111 

Surveys may order, when 193, 194 116 

BONDS— 

Appropriation for interest and expenses of purchase 

of by board of university and school lands 178 111 

Bank to give as depository for sinking fund 779 60 

Contractor to furnish for building school house 783 62 

Industrial school, board of trustees may issue 980 107 

Official, board of trustees, Industrial school 978 105 

commissioner of university and school lands ...... 170 109 

deputy 181 112 

county superintendent of schools (note 28, p. 148) . . 340 148 

amount (note 2, p. 143) 343 143 

approval (note 29, p. 148) '. . . 342 148 

county treasurer to give for funds received from 

sale of school and public lands 209 120 

duty of county auditor regarding 689 32 

school officers, where filed 689 32 

treasurer 684 31 

amount of 684 31 

approval of 684 31 

treasurer city, to give as treasurer of board of 

education in independent districts 844 77 

treasurer city, town or village to give as treas- 
urer board of education in special districts .... 805 68 
superintendent public instruction (Note 2, p. 143.). . 343 143 

Public officers to take from contractors 4802 133 

School bonds, board of university and school lands 

may purchase 172 109 

certificate of county auditor must be attached to ... . 778 59 

form of 778 59- 

certificate of debt limit necessary (Note 23, p. 147) 2057 147 
state treasurer custodian of, purchased by board of 

university and school lands 174 111 

general district, authority of board to issue, when . . 775 58 

cancellation and record of 782 62 

certified copy of proceedings to issue to be filed 

with county auditor 778 59 

denomination of 777 59 

election to vote new, may not be ordered when. . 776 59 

notice to state what 776 59 

petition for necessary 776 59 

interest, rate of and when payable 777 59 

law relating to, how applicable 784 62' 

limit of issue 777 59 

negotiated how 780 61 

purposes for which may issue 775 58 

record of 778 59 

sinking fund to be provided 779 60' 



BONDS.-Continued. 



INDEX. 161 

Section Paga 



School bonds, tax levy made for, by county auditor, 

when 781 62 

time to run 777 59 

independent district, amount to be issued deter- 
mined by board of education 840 77 

authority of board of education to issue when . . . 842 76 
certificate of debt limit necessary (Note 23, p. 147.) 2057 147 
certified copy of proceedings to be filed with 

county auditor 778 59 

denominations of 842 76 

board of education determines 846 77 

election to vote, notice of 776 59 

petition 776 59 

interest payable when 842 76 

fund for payment of 842 76 

rate of 842 76 

law relating to, how applicable 784 62 

purposes for which issued 775 58 

records of 778 59 

sinking fund 842 76 

refunding, authorized 775, 824, 842 58, 72, 76 

exchanged, may be 825 72 

restrictions on issue 824, 826 72 

surplus, transferred, when 827 72 

tax levy made for by county auditor, when 781 62 

time to run 824, 842 72, 76 

special districts^ certificate of clerk as to debt limit 

and issue 816 70 

certificate of debt limit necessary (Note 23, p. 147) 2057 147 

denomination of 816, 824 70, 72 

election, called when 816 70 

how conducted 817 71 

notice of 817 71 

how issued 816 70 

interest coupons 821 72 

limit of issue 818 71 

property pledged for payment of 822 72 

refunding, how exchanged 825 72 

issuance of, by board of education 824 72 

by election 816 70 

sections governing 826 72 

premium received, how applied 825 72 

restrictions on issue 824, 826 72 

surplus, transferred when 827 72 

register of 823 72 

sinking fund investment of 820 71 

tax levy for, when made 781, 819 62, 71 

what to specify 818 71 

special provisions in cities and villages, issue of to 

erect school buildings 2474 131 

election for, by provisions of charter 2475 131 

by special, how called 2475 131 

how conducted 2475 131 

notice to contain what 2475 131 

refunding, authority to issue 2483 132 

denomination of 2484 132 

execution of by city officers 2486 132 

how issued 2484 132; 



162 INDEX. 

Section Page 

BONDS.— Continued. 

School bonds, special provisions in cities and villages, 

refunding, interest fund for 2487 133 

refunding, records of 2486 132 

sinking fund levied for 2488 133 

restrictions as to sale 2475 131 

BOUNDARIES— 

Conformity with congressional township lines 660 24 

County commissioners may re-arrange 660, 666 24, 26 

How changed 667 27 

Independent districts . 881 73 

New districts 661 25 

Not changed when 659 ^ 24 

BRANCHES OF STUDY- 

Additional, county superintendent determines ...... 698 35 

district school board determines 698 35 

Alcohol, its effects 750 52 

Enumerated, for examination for certificates 741 49 

In schools classified by high school board 868, 869 83 

In special districts 797 65 

List of, to be taught 750 52 

Narcotics, its effects 751 52 

CENSUS— 

Board of education takes 716 41 

Districts organized under special law 707 38 

General districts, when taken 707 38 

Independent districts, when taken 707, 843 38, 76 

Newly organized districts to take 714 40 

Report of, when filed 707 38 

Special districts, to take 797 65 

when taken 707 38 

Who to be enumerated 707 38 

CERTIFICATE— 

Attendance at school required, when 762 56 

County superintendent grants on examination 740 4^ 

Diplomas equivalent to first grade 738 48 

Examinations for issuance of 741 49 

Expiration of, teachers to finish term when 746 51 

Fee for county 743 50 

Fees for issuance of normal and professional 739 49 

Graduates of universitv entitled to when 889 89 

Normal, graduates of normal department of university, 

etc 738 48 

granted to graduates of normal schools 738-922 48, 95 

Professional, examination for 737 48 

graduates of university entiWed to, when 737 48 

may be revoked, when 737-739 48, 49 

requirements of applicants for 737 48 

■Questions used in examination for, prepared by super- 
intendent of public instruction 626 18 

Renewal of first grade 742 50 

Revoked by county superintendent for cause ....'.... 744 51 

Teachers execapt from holding in certain cities 742 50 

must hold 695-797 34, 65 



INDEX. 163 

Section 



CERTIFICATE.— Continued. 

Teachers exempt from holding in certain cities, not 

entitled to compensation when not holding 74(3 51 

proceedings to revoke 745 51 

Valid 743 50 

When revoked (348 22 

CLERK— 

Board of education, bonds, certificate of debt limit to 

make 816 70 

bonds, register of tc keep 823 72 

certifies election of officers to county superintendent 813 70 

duties, general 79(3 65 

election of 794 65 

election, to sign notice for 80;j 69 

salary of 794 65 

tax levy, certifies to county auditor 801 67 

District school board (general district) appointment. . t3S0 30 

bonds, cancelled, duty regarding 782 62 

record to keep 778 59 

certificates of election, issues to officers (377 30 

compensation 683 31 

duties of 683 31 

duty, penalty for neglect of 765 57 

duty in case of tie vote 676 30 

election, penalty for making false returns of 766 57 

to be clerk of 675 29 

to sign notices of 674 29 

enumeration takes 707 38 

officers, files list of elected with county superin- 
tendent 677 30 

reports, makes annual, when 707 38 

penalty for making false 722 58 

teachers, to be filed with 748 51 

tax levy, notifies county auditor of §99, 721 35, 43 

vacancy in office of, how filled 729 46 

COLLEGE OP ARTS 885, 886 87, 88 

COLLEGE OF LETTERS 885,886 87, 88 

COMMISSIONER OF TNIVERSITY AND SCHOOL LANDS— 

Abstracts and" conveyances of title to be deposited 

with 214 121 

Appraisal, prepares list for 183 112 

Appraisement, directs 183 112 

Appropriation for salary and expenses of office 235 127 

Contracts, duty as to cancelled 200 117 

Contracts, of sale, executes 182 112 

issues new, for, when 199 117 

prepares, when 191 115 

Deputy, appointment and bond, of 181 112 

Fees for leasing, collects 234b 127 

Lands conducts sale 182, 186 112, 114 

designates time of sale 184 113 

leasings, conducts 182, 221 112, 123 

lists for sale forwai'ded county auditor when offered 184 113 

when sold 207 119 

county treasurer 212 120 



164 i:ndex. 

Section Page 
COMMISSIONER OF UNIVERSITY AND SCHOOL 
LANDS— Continued. 

Lands, maps of, for record, when made °. . . . 196 IIS 

offers for sale^ when 187 . 114 

Oath and bond of 170 109 

Records to keep 182 112 

Report, makes through board 182 112 

Salary 182 112 

School fund, determines amount to be loaned on mort- 
gages 172 109 

Seal of office 182 112 

Seizes property in case of willful trespass 231 126 

Surveys, causes to be made when 194 11& 

Term 179 111 

COMMISSIONERS ON PREPARATORY SCHOOLS— 
(See High Schools and High School Board.) 

COMPULSORY ATTENDANCE— 
(See Attendance.) 

CONSOLIDATION OF SCHOOLS— 
(See Schools and Election.) 

CONTRACTS— 

Advertising, to let, when 774 58 

Board of education not to be interested in 792-836 64, 75 

Industrial school, trustees not to be interested in. . . 979 106 

Lands, assignee may have same rights as purchaser of 198 117 

commissioner university and school lands, duties. . 182 112 

division of 199 117 

sale of, entitles possessor to what 197 116- 

lien executed 191 115 

voidable, when 200 117 

School corporations may enter into 668 27 

School houses, not to be let without advertising 783 62 

Sealed bids for, when required 802 67 

Teachers, certificates, not required to hold in certain 

cities to make 742 50 

must be in writing 695 34 

terminated by revocation of certificate 744 - 51 

to contain provisions as to discontinuance 704 36" 

void, except in certain cities 742 50 

Text books 863 81 

To be in writing, when 802 67 

COURSE OP STUDY— 

(See Superintendent of Public Instruction, Schools.) 

COUNTY AUDITOR— 

Board of adjusters, member of 725 4o 

Board of appraisers, member of 183 112 

Bond district treasurer, filed with 689 32 

Bonds of school districts, to certify to 778 59 

Deaf and dumb children, reports number to principal 

of school for 961 99 

District clerk, notified by, when funds paid to district 

treasurer 718 42 

to notify of tax levy 699 35. 



INDEX. 165 

Section Page 
COUNTY AUDITOR.— Continued. 

Institute funds, draws warrants on 646 22 

Leasing school and public lands, compensation for. . 221 123 

duty as to 224 124 

Plats of districts to furnish 669 27 

Proceedings of board in organization of districts re- 
corded by 609 27 

Receipts for collection of school funds, to forward 

duplicate 211 120 

Sales of school and public lands, compensation for. . 190 115 

duties regarding 190 115 

execution of contracts 191 115 

to give notice of 185 113 

Tax, levy of independent districts, extends 840 75 

of special districts, extends 801 67 

levied by board of arbitration, duties 733 47 

levies poll and two mill 722 44 

levies to pay bonds, when 781 62 

notice of levy to be mailed to 721 43 

Training school fund, duties 757 54 

Tuition fund, certifies amount of county to county 

superintendent '''22 44 

COUNTY COMMISSIONERS— 

Approves bond of county superintendent (Note 29, 

p. 148.) 342 148 

Chairman of board, member board of appraisers 183 112 

Deaf and dumb children, may provide transportation 

and levy tax for, when 963 100 

Districts, boundaries of, rearranged by 666 26 

divided by, when 662, 663 25 

may detach territory from special on petition 786 63 

to change boundaries of, on petition 667 27 

to organize on petition 660 24 

Fund, institute may appropriate for 758 55 

Office for county superintendent to furnish 651 22 

Vacancy in office of county superintendent fills 727 46 

COUNTY SUPERINTENDENT- 

Appeals, from decision of to superintendent of public 

instruction 64®, 644 20, 21 

Apportions county tuition fund 722 44 

poll tax 722 44 

state tuition fund 715 41 

Blanks, distributed by 641 20 

provide for, at expense of county 308 130 

Board of adjusters, member of 725 45 

Board of appraisers, member of 183 112 

Board of arbitrators, member of 731 46 

Board of education, report to 797 65 

Bond, amount (Note 28, p. 148, Note 2, p. 143.) 340, 343 

approved (Note 29, p. 148j 342 

approves district treasurer's, when 684 31 

Census, report of newly organized districts 714 40 

Certificate, teacher's, revoked by, when 744 51 

notice of, to be given district clerk 744 51 

Classification by teacher, to decide, when 753 53 

Deputy, appointment of 6.52 22 

Districts, assists in rearrangement of boundaries, of. 666 26 

duties in organization of 660 24 



166 INDEX. 

„ Section Page 

COUNTY SUPERINTENDENT.— Continued. 

Districts, high school, duties regarding 706 37 

treasurer, to begin action against on bond, when. . 689 32 

to require additional bond, when 685 31 

Duties, refusal to perform, penalty 306 130 

Election, clerk certifies to, in special districts 638, 813 20, 70 

duties regarding first, for oiiicers 671 2S 

Examination for teachers' certificates, conducts .... 740 49 

Expenses, office 651, 652 22 

Fees collected, disposal of 646 22: 

General duties 639, 640 20 

Institute fund, county, report to make to superintendent 

of public instruction 641, 755 20, 54 

Instructions of superintendent of public instruction, 

duty regarding 641 20 

Maps of districts, when furnished 643 21 

Meetings of, with superintendent of public instruc- 
tion 632 19 

Mileage 652 22 

Notice of institute and training school, to give 751 52 

Ofiice, cause for removal from 656 24 

who may hold 672 29 

Officers,appoints for first election 671 28 . 

meetings with 643 21 

Permits may issue 741 49 

Profession, not to engage in, when 655 23^ 

to engage in, permissible, when 657 24 

Qualifications 653, 654, 672 23, 29 

Records, school visits to keep 640, 642 20, 21 

Report to superintendent of public instruction 649 22 

Salary of, not paid until report made out 649, 652 22 

Seal 642 21 

Schools, jurisdiction ^ 639 20 

in special districts 799 67 

visitation of 640 20 

School lands, member of board of appraisers. .183, 650 112, 22 

Teachers, meetings, to hold 641 20 

reports, duties regarding 748 51 

Teaching, not to engage in 654, 657 23, 24 

Term of office of ' 638 20' 

Tuition fund, apportions 647, 715 22, 41 

Vacancies, fills in office of director 728 4S 

district treasurer 728 46- 

in office of, how 727 4S 

Who not qualified to vote for 638 20s 

COUNTY TREASURER— 

Account to keep with school corporations 719 42 

Board of adjusters, member of 725 45 

Board of arbitration, member of 731 46: 

Bond to give for funds from sale of school and public 

lands 209 120 

Deaf and dumb children, collects for clothing furnished 962 99 

District treasurer, performs duties of, when 684 31 

Fees entitled to for collection of funds from sale of 

school and public lands 210 120 

Funds due independent districts, paid to treasurer, 

when 843 76 

Funds paid to district treasurer, notice to be given. . . 718 42 

Institution fund, keeps 646 22 



INDEX. 167 

Section 



COUNTY TREASURER.-Continiied. 

Permits to cut hay or sell down timber, sells 228 125 

Taxes collected by, for district 720 43 

Tuition fund, reports to state auditor 711 39 

collection of 711 39 

DEAF AND DUMB— 

Assessors to report to county auditor 961 99 

DEAF AND DUMB ASYLUM— 

Board of trustees, appointment 9o2 98 

compensation 958 99 

duties and powers 956 99 

funds, control 955 99 

meetings 953 98 

members to take oath 954 98 

officers 953 98 

duties 954 98 

organization 953 98 

quorum 953 98 

reports 966 101 

term of office 953 98 

Children required to attend 759 55 

Clothing for children, when furnished 962 99 

Faculty, matron's duties 965 101 

principal's duties 964 100 

qualifications 964 100 

salaries 964 100 

Location 951 98 

Transportation of children to, when provided by 

county commissioners 963 100 

Tuition charged non-resident children 959 99 

free 960 99 

DEBT LIMIT- 

Debt limit 818 71 

(See also Bonds.) 

DEBTS— 

Independent districts assume of old, out of which 

formed '855 80 

DEEDS— 

(See Board of University and School Lands.) 
DEPOSITORIES— 

Sinking fund, how designated 779 60 

DEPUTY— 

Commissioner of university and school lands 181 112 

County superintendent 652 22 

Superintendent of public instruction, (Note 30,p. 149.) 

DIPLOMA— 

(See Normal School.) 
(See University.) 



168 INDEX. 

Section Page 

DIRECTOR— 

Election 670 28 

Term 670 28 

Vacancy in office of, how filled 728 46 

DISTRICT CLERK— 

(See Clerk School Boaru, General District.) 
DISTRICT HIGH SCHOOLS— 

(See High Schools, High School Board.) 
DISTRICT SCHOOL BOARD— 

Action against for permitting funds to be expended, 

when 709 39 

Apparatus and supplies to furnish 694 33 

Bonds to issue, when 775 58 

Branches of study, determines what additional 698 35 

Census to take , . 707 38 

Closets and privies to furnish 874 85 

Contract, dismisses teacher for violation of 695 34 

Dictionary to furnish 694 33 

District high school, management of 706 37 

District treasurer, action on bond by 689 32 

Election, called by, on petition to establish school .... 703 36 

called to establish district high school 706 37 

calls to vote on consolidation of schools 704 36 

called by to vote on school houses and sites . . . .701, 703 35, 36 

Flag, to purchase 865 82 

General duties 691 33 

Liability of for permitting other than English lan- 
guage to be taught 709 39 

Library, may establish, and pay for without vote, when 694 33 

Meetings of 681 31 

Officers of 680 30 

Organization of 680 30 

Pupils, assignment and distribution of among schools . 696 34 

expulsion of 697 34 

non-resident, may admit 696 34 

suspension of 697 34 

Real property, extent of to hold, and title to, how ac- 
quired 702 36 

Records of, open to inspection 708 . 38 

Sinking fund, to levy 779 60 

Schools, authority over 759 55 

fixes terms 704 36 

may discontinue, when 704 36 

may make rules and regulations for 697 34 

to establish 692 33 

to organize on petition, when 703 36 

School houses, advertising for proposals to build 783 62 

may permit use of, when 700 85 

Tax, amount of levy 699 35 

levied when 699, 721 35, 43 

may abate 699 35 

Taxes, refunded or corrected, when 720 , 43 

Teachers, to co-operate with 697 34 

to employ 695 34 

Text books, free, may furnish 863 



81 



INDEX. 159 

Section Paere 

DISTRICT SCHOOL BOARD.— Continued. 

Treasurer, settlement with, wlien made 717 41 

Tuition, may charge non-resident pupils GDO 34 

Vacancy in othce of 728 46 

Vacancy in office of, how filled 728 46 

in office of district clerk, fills 729 46 

DISTRICT TREASURER— 

Accounts, form for keeping 717 41 

Action against on bond commenced by whom (Note 

13, p. 14(j.) 689 32 

Bond, not entitled to receive money when not filed. . 714 40 

amount of 684 31 

additional when required 685 31 

vacancy in office when faihu'e to give additional.. 685 31 

County treasurer acts, when 684 31 

funds not payable to, when 718 42 

controlled by 713 40 

Funds, levied by board of arbitration, receives 734 47 

Misdemeanor, guilty of on endorsement and payment 

of warrants, when 771 58 

Reports published 686 32 

Salary of 690 33 

Settlement with, when made 717 41 

Sinking fund, liability removed on depositing in de- 
positories 779 60 

Vacancy in office of, how filled 728 46 

Warrants, register of endorsed to, keep 687 32 

endorsement of 687 32 

ELECTION— 

Board of education 808, 858 69, 80 

notice 809, 810 69 

Bonds, for voting (see Bonds) 776 59 

Certificates of 813 70 

Consolidation of schools, to vote on 704 36 

County superintendent 638 20 

Date of annual 674 29 

District high schools, to establish 706 37 

How conducted 676 30 

Independent district, date of 833 74 

for organization 828 72 

officers of, compensation 833 74 

votes, how canvassed 833 74 

Library, to purchase 694 33 

Notice 674 29 

Notice of to be furnished officer 677 30 

Oath 675 29 

Officers of 672 29 

qualifications of 672 29 

to take oath 811 69 

Penalty for making false return 766 57 

Petition for, to establish district high school 706 37 

Polling places, how established 671 28 

Polls open, when 673 29 

Qualifications of voters 672 29 

Superintendent of public instruction 022 17 

, School houses and sites to vote on, how called, can- 
vass 701, 703 35, 36 



170 INDEX. 

Section Page- 

ELECTION.— Continued. 

Special districts, bonds 816 70 

for organization of 789 64 

returns, how canvassed 812 69 

to become general, when 807 68 

tie vote, procedure 676 30 

Votes, how canvassed 676 30 

Who not qualified to vote for county superintendent. . 688 20' 

EMBEZZLEMENT— 

Officer, when guilty of 769 57 

EMINENT DOMAIN— 

Right of (See Property, Real.) 
ENGLISH LANGUAGE— 

Records to be kept in : 709 39- 

ENUMERATION— 

(See Census.) i 

EXAMINATION- 

Appeals from county superintendent in marking of 

papers 741 49 

Certificates for, when held 740 49 

Questions for to be prepared by superintendent of pub- 
lic instruction 626 18- 

(See also Certificates and Teachers.) 

EXPENSES— 

Superintendent of public instruction, how paid 637 20 

EXPERIMENTAL STATION— 
(See Agricultural College.) 

EXPULSION— 

Causes for 697 34 

EQUALIZATION— 

(See Board of Arbitration.) 

FACULTY— 

(See Agricultural College, University of North Da- 
kota, Etc.) 

FEES— 

Appeal in examination papers prescribed for 741 49' 

Certificate, county 743 50 

professional and normal, how used 739 49 

County superintendent, member board of appraisal . . 650 22 
County treasurer entitled to for collection of funds 

from sale of school and public lands 210 120 

School and public lands leased, to be paid 234b 127 

FELONY— 

Officer making false election returns guilty of 766 57" 



INDEX. 171 

Section 



FINES— 

Imposed for removing furniture from school house . . TOO 35 
(See also Penalty.) 

flag- 
To be furnished each school 865 82: 

Penalty for not complying with law regarding 865 82 

FORFEITURES— 

(See Penalty.) 

FORM— 

County auditor's certificate to district school bonds.. 778 59 

District treasurer's accounts 717 41 

Election board of education 810 69 

Endorsement of warrants 687 32 

Notice of tax levy 721 43 

Notice of annual election 674 2{>' 

Oath for election officers 675 29 

FUNDS- 

Account of, how kept 713, 845 40, 77 

Agricultural college 939 96 

Bonds, for redemption of, whentransf erred 827 72 

Conductor of training school to file statement with 

county auditor 757 54 

County treasurer, to pay, when 718 42 

Deaf and dumb asylum 955 99 

Defined 712 40 

District treasurer, when paid to 718 42 

Drawing from county treasury, unlawfully 768 57 

How paid out by treasurer 686, 804, 845 32, 68, 77 

How used 712 40 

Industrial school 981, 983 lOT, 108 

Institute 646 22 

county auditor's duties 757 54 

county, amount arising from revenue fund 757 54 

commissioners may appropriate for 758 55 

duties of county auditor regarding ...646, 755 22, 54 

fee for county certificate paid into 743 50' 

how expended 755, 757 54 

training schools may be used for, when 757 54 

what constitutes 755, 757 54 

state, appropriation for 756 54 

Normal schools 912 93 

School and institution, board university and school 

lands may invest 170, 1 72 109' 

consists of, what 215 121 

county auditor to report, when 211 120 

county treasurer to give bond for, when 209 120 

county treasurer to verify report of county auditor. 211 120 

damages for trespass, paid into 232 12(> 

duties of state treasurer 174, 175 111 

Sinking, board of education may invest 820 71 

county auditor to levy tax, when 781 62' 

depositories for, how designated 779 60- 

interest on 779 60* 



172 INDEX. 



Section 
FJJNBS— 

Sinking, levy for 779, 819 

842, 2488 

State lecturer, appropriation for 756 

Training school, fee for county certificate paid into . . . 743 

Treasurer, action against for funds 770 

annual statement of, to publish 686 

Tuition, county, county superintendent apportions . . . 715 

state, apportionment of, when made 716 

districts not entitled to, when 714 

enumeration necessary to share in 714, 843 

how raised 710 

superintendent of public instruction appor- 
tions 711, 714 

University of North Dakota 882 

Use or loan of, is embezzlement 769 

GENERAL DISTRICTS— 

Account with, to be kept by county treasurer 719 

Annexation of school corporations 663 

Boundaries, changed on petition 660, 667 

established when, how 660, 677 

not changed by code 659 

rearranged by commissioners 660, 666 

when may be changed 667 

Civil township conforms to in what counties 659 

formed into, when 667 

may consolidate into, when 664 

County commissioners to annex parts of, to other dis- 
tricts, when 662, 663 

Contracts let on proposals, when 774 

legalized, certain 669a 

Corporation distinct from civil township 6-59 

Designated how (565 

District high school, when established and how con- 
trolled 706 

Division and annexation to other districts 662 

Election, conduct of, and canvass of votes 676 

certificates of 677 

judges and clerks, appointment of 671 

chosen, how 675 

list of persons elected sent to county superintendent 677 

notice of annual 674 

posted 671 

polling places to be designated 671 

polls opened when 673 

tie vote, procedure 676 

violation of law relating to, penalty 766 

voters, qualifications of 672 

Punds (See Funds.) 

Furniture, removal of, unlawful 700 

Indebtedness, equalization of between districts 731 

how adjusted when no legal school board exists .... 725 

taxes, levy to pay equalized indebtedness 732 

limitation of 1284 

maximum levy, to pay equalized 733 

proceeds of equalizing, how disposed of 734 



60, 


71 


76, 


133 




54 




50 




58 




32 




41 




41 




40 


40, 


76 




39 


39, 


40 




87 




57 




42 




25 


24, 


27 


24, 


27 




24 


24, 


26 




27 




24 




27 




25 




25 




58 




28 




24 




26 




37 




25 




30 




30 




28 




29 




30 




29 




28 




28 




29 




30 




57 




29 




35 




46 




45 




47 




47 




47 



INDEX. 173 

Section Page 
GENERAL DISTRICTS.— Continued. 

Judgment, tax to be levied to pay 723 4-1 

May become part of special, when 807 68 

Named how 665 26 

New, when organized 661 25 

Numbers of, not changed by code 665 26 

not to be increased 667 27 

to be reduced 666 26 

Officers (See Officers, Treasurer, Directors, District 
Clerk.) 

Organization of 660 24 

irregularities in, legalized 669a 28 

requirements for 661 25 

Plats and maps of, furnished to state auditor 669 27 

Powers as a corporation, generally 668 27 

Pupils admitted from other districts 669 27 

enumeration of, annually 707 38 

new district, by 714 40 

School township, may separate from 660 24 

Territory to be included in organization of 660 24 

Tuition funds, entitled to 715, 716 41 

enumeration of pupils necessary to share in 714 40 

not entitled to receive, when 714 40 

Warrants, certain, legalized 669a 28 

indorsed, when 687 32 

specify, what 668 27 

What constitutes in civil township 658 24 

(See also Bonds, District School Board, Officers.) 

GEOLOGICAL SURVEY— 

(See University.) 

GOVERNOR— 

Blind children, to provide care and instruction for. . 793a 104 

Board of university and school lands, member of .... 169 108 
Bond, commissioner of university and school lands, 

approves 170 109 

Member high school board 8(57 83 

Normal schools, member board of trustees 908 92 

Patents to issue for school and public lands, when . . . 205 118 
School and public lands, reconveys to the United 

States, when 204 118 

Trustees agricultural college, appoints 936 95 

blind asylum, appoints 968 102 

deaf and dumb asylum, appoints 9.52 98 

industrial school, appoints 976 104 

normal schools, appoints 909 92 

university of North Dakota, appoints 877 85 

Vacancy in office of superintendent of public instruc- 
tion, fills 726 45" 

GRADES, TEACHERS— 
(See Certificates.) 

GRADUATES— > 

(See Agricultural College, University of North Dakota. 
Etc.) 



■174 INDEX. 

_ _ Section Page 
-HIGH SCHOOLS— 

Aid for not paid to, when 870 83 

how paid 870 83 

to receive for three years 872 84 

Appropriation for classified 870 S3 

Board of education establishes, when 797 65 

Classification, requirements for 869 83 

District, election to establish 706 37 

enumeration requisite to establish 706 37 

how established and maintained 706 37 

joint 706 37 

Pupils, requirements for admission to, by classified . . 868 83 
Teachers exempt from attending institutes and train- 
ing schools 751 52 

HIGH SCHOOL BOARD— 

Aid, prescribes conditions upon which granted to 

schools 872 84 

Applications for classification by schools 870 83 

Appoints inspector, when 870 83 

Assistant examiner, appoints 872 84 

salary of 872 84 

Discretionary powers of 872 84 

Expenses of 871 84 

Members of 867 83 

Records, m keep 8(3 85 

Report to make 873 85 

Schools, classified, visited by member of 870 83 

holidays- 
How counted 749 52 

Teacher entitled to compensation for 749 52 

What are 5124, 5125 147, 148 

INDEPENDENT DISTRICTS— 

Bonds, issuance of, authorized (see Bonds.) 842 76 

Boundaries of 831 73 

Cities governed by 828 72 

Debts, assumed by new district 855 80 

division of, when special district abolished 862 SI 

Elections, date, conduct of, canvass of, compensation 

of officers 833 74 

Funds, how kept and paid out 845 77 

when paid to treasurer 843 76 

Organization of 828 72 

election, notice of, ballots, etc 829, 830 73 

Organized by special act, abolished when 860, 861 80, 81 

Ordinances passed by city council for care of prop- 
erty, etc 853 79 

Pupils, non-resident, may be admitted 848 78 

Property, not subject to liens 850 78 

real, how conveyed 851 79 

title, vested where 850 78 

Taxes, amount of, limited 841 76 

collected how 840 75 

levy to pay bonds 842 - 76 

'Treasurer, bond of 844 77 

city, of, is treasurer of 843 76 

reports to board, contents 852 79 

Tuition funds, entitled to 715, 716 41 

"Water closets to be provided 874 85 

(See also Board of Education, Bonds.) 



INDEX. 175 

Section Page 



107 
104 



INDUSTRIAL SCHOOL— 

Board of trustees, accounts, audits 981 

appointment g^g 105 

bond 980 107 

bonds, may issue ^^^ -|^q5 

compensation : ' : ' ' " V j" ,U qtq lOG 

contracts, members not to be interested in 9^9 ^"^ 

donations, received by gg2 108 

faculty, appoints ^gg -j^Qg 

funds, duties ^^^ ]^q5 

meetings g-g io5 

oath 9Y7 it)5 

officers 98;]^ 107 

Powers • 983 io8 

reports ; ' ". q7q 106 

superintendent of construction, appoints « <« ^^„ 

Bonds, interest on, how paid • • • g^g ^^^ 

Buildings, construction ^^g ^q^ 

cost limited 9^9 106 

deed filed, where 9^9 io(j 

proposals for 9^9 ioq 

site ■••••••• ■.■.■.'.■.'.'. 975 104 

Endowment of 9g3 108 

Faculty, report when g^ ^^07 

Funds, state treasurer keeps g^^ ^^^ 

Location 973 104 

Management 974 104 

Objects • • • 9g0 107 

Sinking fund, created how 

INHABITANTS— 

District may be formed from districts containing 800, ^^^ ^^ 

when 

(Note 7, p. 144.) 

INSTITUTES— 

Attendance of superintendent of public instruction.. 634 19 

Warrants endorsed ^^^ 54 

Conductor, salary of •• -.-g 55 

County commissioners may aid . . . • j-o 

County superintendent to give notice of ....... • • • • • 'O-l 

Superintendent of public instruction appoints con- ^_^ ^^ 

ductor :"^" V ' l\ 

(See also Teachers, Funds, Lecturer.) 

INTEREST— ^g,j, 3.3 

Warrants endorsed 

(See also Funds and Taxes.) 

JUDGES— 

(See Election.) V 

JUDGMENT- ^21 723 43, 44 

Taxes levied to pay ' 

LABOR— . rjQ2 56 

Child, prohibited when 



176 INDEX. 

Section Page 

LAND GRANT— 

Agricultural college 949 98 

Blind asylum, proceeds of, appropriated 971 103 

Experimental station 948 97 

Industrial school 975 104 

Normal school 906 92 

LAW— 

Department of, in state university 890 80 

Independent districts organized under special law not 

to vote for county sperintendent 638 20 

Preserved by superintendent of public instruction... 623 17 
Teachers in cities organized under special law exempt 

from holding certificates 742 50 

Secretary of state furnishes copies of, to university. . 894 90 

LECTURER— 

Institute, appointment of 756 54 

LIBRARY— 

Appropriation for traveling, establishment of 625 IS 

District, list of books for, to be furnished by superin- 
tendent of public instruction 623 17 

Educational, state appropriation for 866 82 

LIGNITE COAL— 

Schools to use (Note 30, p. 149) 1030 MO- 

MANUAL TRAINING— 

(See Industrial School.) 

MAPS— 

District, furnished assessors 643 21 

To be filed in otR.ce of superintendent of public in- 
struction 669 27 

MEETINGS— 

District school board, regular and special 681, 717 31 

(See also Elections.) 

METEOROLOGICAL STATISTICS— 

University to tabulate 900 90 

MILITARY SCHOOL 885 87 

MISDEMEANOR— 

Compulsory law, etc 760, 762 56 

Contracts, letting of without advertising 774 58 

Speculation in oflBce 767 57 

Warrants, indorsement and payment of unpaid, when 771 58 
(See Penalty.) 

MORALS— 

Instruction in 754 53'- 



INDEX. 177 

Section Page 

MORTGAGES— 

Board of university and sctiool lands may loan school • 

funds on 172 lOO' 

State treasurer custodian of, purchased by university 

and school lands 174 111 

NARCOTICS— 

(See Stimulants.) 

NORMAL COLLEGE 885 87 

(See also University.) 

NORMAL SCHOOLS- 

Board of management 907, 908 92 

(See also Board of Management.) 

Board of trustees, appointment of 907, 909 92 

commissions 910 92 

compensation 911 93 

course of study to adopt 913 93 

faculty, employs and fixes salary of 916 94 

how constituted 908 92 

meetings of 911 93 

oath of office 909 92 

report, to make to governor 920 94 

secretary, election of 910 92 

salary of 911 93 

term of 909 92 

Buildings, superintendent of construction appointed 

by board of management 914 93 

Certificates, normal, gi-anted to graduates of, when.. 738 48 
Course of study prescribed by superintendent of pub- 
lic instruction 627 18 

Diploma from, equivalent to first grade county certi- 
ficate 738 48 

Endowment , 906 92 

Faculty, duties of '. 917 94 

principal of 918 94 

to make report to board of trustees 919 94 

Funds, state treasurer to keep separate 912 93 

Graduates of, entitled to state certificate, when 922 95 

diplomas, to receive 921 95 

Location of 905 92 

Maintenance 906 92 

Management 907 92 

Objects 913 93 

OATH— 

Administered by county superintendent in certain 

cases ( Note 4, p. 144.) 645 21 

County superintendent (Note 2, p. 143) 343 143 

Director, to take 678 30 

Election officers, by whom administered 675, 811 29, 69 

Member board of education to take 815 70 

Office, where filed 689 32 

Trustees industrial school 978 105 

Trustees blind asylum 969 103 

Treasurer (Note 24, p 147) 684, 805, 844 31, 08, 77" 

OFFICE— 

(See titles pertaining to officers.) 



178 INDEX. 

Section Page 
OFFICER— 

Board of education, how chosen 794 65 

County superintendent subject to removal, when .... 656 24 
District treasurer^ misdemeanor in neglect of duty as 

to warrants, when 771 58 

District, notice of election to be furnished 677 30 

oath to take 678 30 

Embezzlement of funds 766 57 

Felony, guilty of, when 766 57 

Meetings with, arranged by county superintendent .... 643 21 

Penalty for neglect to perform duties of office 765 57 

Penalty for failure to enforce compulsory law 761 56 

Reports, penalty for making false 772 58 

School, reports of where filed 642 - 21 

Speculation, penalty for in office 767 57 

OFFICERS— 

Director, election 670 28 

term 670 28 

District clerk, oath where filed 689 32 

(See Clerk.) 

District school board . 680 30 

oath where filed 689 32 

president, duties of 682 31 

election of 680 30 

salary of 681 31 

District treasurer, bond of 684 31 

bond, additional 685 31 

where filed 689 32 

duties 686, 687 32 

Oath for election 675 29 

Treasurer, election 670 28 

term 670 28 

ORAL INSTRUCTION— v. 

Teacher to give in what branches 750 52 , 

PATENTS— 

(See School and Public Lands.) 

(See Board of University an;' School Lands.) 

PENALTY— 

Board of appraisers subject to for false report 183 112 

Certificate revoked when teacher neglects instruction 

in physiology, etc 648 22 

Compulsory attendance, prosecutions, how brought. . 764 57 

violation of law of 760, 761 56 

County superintendent, removal from office, when.... 656 24 

Delinquent taxes, how applied 720 43 

Election returns for making false 766 57 

Flag, not complying with law 865 82 

Member board of education refusing to qualify 854 80 

Money, unlawful drawing of 768 57 

Officer neglect to perform duties of office 765 57 

Ordinances, relative to school property 853 79 

Persons employing child labor 763 57 

Physiology and hygiene, neglect to teach 648 22 

Reports, for making false 306, 772 130, 58 



PENALTY— Continued. 



INDEX. 179 

Section Page 



School, for disturbing 773 58 

School officers, for failure to provide closets and privies 874 85 

School and public lands — cutting hay before July 1. . . . 227 125 

cutting or removing timber from 225 124 

plowing or cultivating, when 220 124 

trespass upon 230, 231 125, 126 

Teachers' meetings, failure to attend (!41 20 

PERMITS— 

County superintendent may issue 741 49 

Limit as to number of 741 49 

(See Certificates.) 

(See Commissioner University and School Lands, 
School and Public Lands.) 

PETITION— 

Additional school term, for 705 37 

r' Bonds, (see also Bonds.) 770 59 

County commissioners, may detach territory from spe- 
cial districts 786 63 

to divide district on 663 25 

Districts, boundaries changed on 007 27 

Election to change special district 807 68 

Election to organize independent district 828 72 

Not applicable to organized school, when 703 36 

Organization of district, for 060 24 

Special district to organize 789 64 

Text books, to furnish 864 82 

(See also Election, School.) 

PLATS— 

County auditor to furnish, of districts 669 27 

POLLING PLACES— 

First election, how established 674 29 

(See Election.) 

PROPERTY— 

Exempt from execution, lien 850 78 

Real, amount of, district may hold 702 36 

for what used 702 36 

title aeverts, when 702 36 

title vested in independent districts 851 79 

School corporation may hold or use 668 27 

Special districts pledged for payment of bonds 822 72 

Title to may be acquired by proceeding in eminent 

domain 702 36 

PUPILS— 

Classes, assignment to 753 53 

Not required to be present during reading of bible. . . . 754 53 

Suspension and expulsion of 097, 752 34, 53 

797, 840 05, 77 

Transportation of arranged for 704 36 

Tuition may be charged 696. 848 34, 78 



180 INDEX. 

V Section Page 
QUALIFICATIONS— 

County superintendent 635, C72 23, 29 

Officers 672 29 

Superintendent of public instruction 622 17 

Teachers . 742 50 

QUORUM— 

(See titles pertaining to Institutions and Board.) 

RECORDS— 

Commissioner university and school lands, to keep . . 182 112 

To be kept in English language 709 39 

REGISTER— 

Teachers, what to contain 748 51 

REPORT— 

Biennial of superintendent of public instruction . . . 635, 636 19 

Board of education to make to county superintendent 797 65 

Boardof trustees, agricultural college, to make 945 97 

blind asylum to make 978 104 

deaf and dumb asylum to make 966 lOl 

university to make 903 91 

what to contain 883 87 

Commissioner of university and school lands to make 182 112 
County superintendent, what to contain and when 

made 649 22 

District clerk to make 707 38 

District treasurer's published 686 32 

Faculty agricultural college to make 944 97 

High school board to make 873 85 

Industrial school, board of trustees to make 983 108 

faculty to make 983 108 

Normal schools, faculty to make 919 94 

trustees to make 920 94 

School officers, were filed 642 21 

Teachers to make 748 51 

where filed 642 21 

Treasurer, independent district to make 852 79 

Treasurer's publication of 717 • 41 

RESIDENCE- 

Certificate, to obtain 742 50 

RULES— 

Examination, prescribed by superintendent of public 

instruction, for 626 18 

SALARY— 

Commissioner of university and school lan-ds 180 112 

District treasurer 690 33 

County superintendent §52 22 

how determined 652 22 

not paid when 649 22 

Deputy county superintendent 652 22 

Officers of district school board 681 31 

Superintendent of public instruction 637 20 

Teachers, ceases on discontinuance of school 704 36 

how graded 695 34 

last month's not paid when 748 51 



INDEX. 181 

SALES- ^'*^*'°" ^''' 
(See Commissioner of University and School Lands. 
School and Public Lands, Board of University and 
School Lands.) 
SCHOOL AND PUBLIC LANDS— 
Abstracts and conveyances of title to be deposited 

with commissioner of 214 121 

Appraisal 183 112 

equalization of 218 122 

for leases 218 122 

new, when made 195 116 

returns of 218 122 

value of pasturage 208 119 

Appraisers, who are members of 183, G50 112, 24 

Assignee of purchaser, rights of 198 117 

Attorney general, duty regarding actions, etc. 233 126 

Coal lands cannot be sold 216 121 

Commissioner of university and school lands, duties 

regarding 182 112 

Contracts, divided when 199 117 

execution of 191 115 

fees for issuance of new, divided 199 117 

new may be issued, when 199 117 

new not to issue, when 199 117 

payments on to county treasurer 208 119 

surrender of 199 117 

Controlled by board of university and school lands.. 170 109 

County auditor, clerk of sale 190 115 

duties and compensation for leasings 221 123 

to forward receipts to state auditor of collections.. 211 120 
County treasurer, bond to give for funds collected 

from sale of 209 120 

fees entitled to, for collection 210 120 

remits collections, when 208 119 

permits to cut hay or remove down timber, sells. , 228 125 

Damages, recovery for, how disposed of 232 126 

Examination of, by assessors, and fees for 213 121 

Fee remains in state until contract performed 202 118 

Hay not to be cut from before July 1 227 125 

Lease, adjournment of 218, 223 122, 123 

advertisement for 220 123 

approval of, by board of university and school lands 224 124 

contracts for 224 124 

cancellation of, for cultivated 217a 121 

cultivated lands 217, 217a 121 

expenses how paid 234 126 

fees for service 234b 127 

fees paid to county treasurer 234b 127 

forfeited when 225, 226, 227 124, 125 

how made 221 123 

lands subject to 217 121 

made by whom 221 123 

payments on 222 124 

selection for 219 122 

term of 217, 217a 121 

when forfeited 201 117 

when may be made without advertising 224 124 

Lists sold to be furnished county treasurer 212 120 

Map of small parcels recorded 196 116 

Notice to purchaser when contract void 2(X) 117 

Patents, record of 206 119 



182 INDEX. 

Section Page 
SCHOOL AND PUBLIC LANDS— Continued. 

Patents for, when and how issued 20-5 118 

Permits may be sold to cut hay or remove down 

timber 228 125 

Purchaser, rights of under contract 197 116 

Quantities to be sold 21G 121 

Reconveyance to the United States 204 118 

Recovery of possession by state 203 118 

Redemption from forfeited contracts 201 117 

Resale of 1S7, 201 114, IIT 

Sale, adjournment of 184, 188 113, 114r 

confirmation 190 115 

contracts, voidable when 200 117 

county auditor, clerk of 190 115 

expense of, how paid 234 126 

funds from, what go into general or current fund. . 215 121 

lots 195 116 

manner of 18G 114 

principal from, held inviolate 215 121 

publication of notice of 185 113: 

terms of 187 114 

void, when 192 116 

Seizure and sale, property unlawfully severed, when. 231 126 

terms 187 11* 

withdrawal of lands from 189 115 

Subdivided into small parcels, when 194 116 

Surveys of, expenses of, how paid 193, 194, 195 116 

Taxation of, after sale 207 119 

Tax sale, purchaser acquires what rights by certifi- 
cate of 207 119' 

Timber, lessee not to cut or remove lumber from .... 225 . 124r 

Title in state until contract performed 202 118 

Trespass, civil action for 229 125 

damages for, paid to state treasurer for general fund 232 126 

penalty for 230, 231 125, 126 

state's attorney to prosecute when 233 126 

what is willful 230 125 

Trespassers on when terms of contract not complied 

with 202 118 

Uncultivated, penalty for plowing or cultivating.... 226 124 

lessee not to plow or cultivate 226 124 

(See also Board of University and School Lands, 
Commissioner of University and School Lands, 
Funds.) 

SCHOOLS— 

Alcoholic drinks, instruction as to effects of 648 22 

Bible, not sectarian book 754 5S 

Branches of study, additional determined by county 

superintendent and district school board 698 35 

in schools classified by high school board 868, 869 83 

in special districts 7-50, 797 52, 65 

list of, to be taught 750 52 

Child labor prohibited during school hours 762, 764 ■ 56, 57 

Classification as high school, requisites for 869 83 

Consolidation of ^Oi 36 

Course of study prescribed by superintendent of public 

instruction for 2'^" 18' 

Discontinued when -. • TQ4 36; 



SCHOOLS.— Continued. 



INDEX. 183 

Section Page 



Disturbance of, penalty for 773 58 

District high school, how established and controlled. 700 37 

District school board to establish 692 33 

District school board may discontinue G92 33 

English language to be taught exclusively 709 39 

Free text books may be furnished for, and how. .. .803, 804 81, 82 

Health and decency, regulations for 874 85 

High schools, what may be classified as S68 83 

Holidays, what are (Note 27, p. 147) 5124, .5125 147 

Holidays and Sundays, not taught on 749 52 

Libraries, lists of books furnished by superintendent 

of public instruction 02.5 18 

circulating, provided how 025 18 

Lignite coal, to use (Note 30, p. 149) 103() 149 

Notice of commencing, given by teacher 740 51 

Organized on petition, when 703 30 

Petition to organize, when not applicable 703 30 

Physical education to be taught in 754a 53 

Supervision over by superintendent of public instruc- 
tion <323 17 

Supplies to be furnished for, by superintendent of 

public instruction 625 18 

Teacher not entitled to compensation for teaching on 

legal holidays or Saturday 749 52 

Visitation of, by county superintendent 040 20 

Water closets to be provided for 874 8.5 

Who may attend 759 



0.3 



SCHOOL CORPORATION— 

Authority of f>'58 27 

Territory that may be organized into <')00 24 

(See also Districts.) 

SCHOOL FOR DEAF- 

Children required to attend 759 55 

(See also Deaf and Dumb Asylum.) 

SCHOOL HOUSE— 

District school board may allow use of, when 700 _ 3-5 

Election to establish site for 701, 703 35, 30 

Penalty for removing furniture from, a misdemeanor 700 35 

Proposals to build, advertisement for 783 _ 02 

Sites, board of education may obtain 797, 840 05, 77 

obtained by district school board, when 703 36 

title to how acquired . .-. 702 36 

SCHOOL LAW— 

To be provided by superintendent of public instruc- 
tion 031 19 

(See also Law.) 

SCHOOL OF MINES 885 87 

SCHOOL MONTH— 
Defined "^'^ ^^ 



184 INDEX. 

SCHOOL TERM— Section 

Increased on petition 705 _ 37 

Length of, and how fixed , , 704 35 

Maximum length of 705 37 

Special district, maximum 797 (35 

SCHOOL TOWNSHIP G58, 659 24 

SCHOOL WEEK— 

Defined 749 52 

SCHOOL YEAR— 

When closes 749 52 

SEAL— 

Board of education 787,838 63, 75 

County superintendent 642 21 

Superintendent of public instruction 633 19 

SECRETARY BOARD OF EDUCATION— 

(See Board of Education, Independent Districts.) 

SECRETARY OF STATE— 

Board of univei'sity and school lands, member of . . . 169 108 
Bond, commissioner university and school lands, 

records 170 109 

Laws and supreme court reports, furnishes univer- 
sity 894, 895 90 

SINKING FUND— 

(See Funds.) 
SITES— 

(See School Houses.) 

SPECIAL DISTRICTS— 

Adjacent territory, how attached 786 63 

Board of arbitration 807 68 

Bonds. (See Bonds, Special District.) 

Cities governed by law relating to 785 63 

Debt limit 818 71 

Election, board of education, time notice, etc 808, 810 69 

officers 811 qq 

voting precincts, how designated 811 69 

returns, how canvassed 812 69 

certificates 813 70 

to become general district 807 68 

Equalization debts and property 806 68 

High school established, when 797 65 

Name 787 63 

Organization 789 64 

Powers of ." ' 787 63 

Property, conveyance of, made 788 • 64 

Records open to inspection 796 65 

Schools, open to whom 797 65 

length of terms 797 65 

Tax levy 801, 819 67, 71 



INDEX. 185 

Section Page 
SPECIAL DISTRICTS.— Continued. 

Taxes, payable to treasurer 800 67 

levy certified to county auditor 801 67 

property subject to 800 67 

Treasurer, bond 805 68 

custodian of funds 798 67 

duties 804 68 

who is ". 803 67 

Tuition funds, entitled to 715, 716 41 

STATE AUDITOR— 

Deaf and dumb school certificates, issues when 966d 102 

Board of university and school lands, member of.... 169 108 

School funds, authority to draw warrants on 176 111 

Tuition fund, state, duties as to 711 39 

reports to superintendent of public instruction .... 711 39 

"Warrants, industrial school, draws 977 105 

to draw for salary of institute and training schools 

conductor 757 54 

STATE BOARD OF EQUALIZATION— 

University, levies tax for 904b 91 

STATE TREASURER— 

Bond, commissioner of university and school lands 

filed with 170 109 

Bonds, purchased by board of university and school 

lands, custodian of 174 111 

Funds, permanent school and institution collects.... 175 111 

permanent school keeps 174 111 

Report to board of university and school lands ...... 175 111 

STATE UNIVERSITY— 

(See University.) 

(See also Branches of Study.) 

STIMULANTS 648,750,751 22, 52 

STIMULANTS- 
STUDIES— 

Assignment of 753 53 

SUPERINTENDENT— 

Board of education, may employ 797 65 

Schools, supervision of 799 67 

SUPERINTENDENT OF PUBLIC INSTRUCTION— 

Appeals from county superintendents, decided by .... 629 18 

forms for prescribed by 629 18 

from county superintendents on examination papers 741 49 

general authority of 629 18 

Apportions state tuition fund 711, 714 39, 40 

Board of university and school lands, member of 624 18 

secretary of 169 108 

Census, prescribes forms for 707 38 

Certificates, authority to revoke 739 49 

normal, issued by 738 48 

prepares questions for examination for 736 48 

professional, issued by 737 48 



186 INDEX. 

SUPERINTENDENT OF PUBLIC INSTRUCTION.— Contfnu'ed. ^^^^ 

County institute fund, may require statement of 758 55 

County superintendent, advised and counseled by .... 629 18 

to meet wittL 632 19 

to report to 649 22. 

to report count j' institutes to 755 54 

Courses of study prescribed by 627 18 

Deputy, appointment of (Note 31) 370 149 

secretary of board of university and school lands, 

when 169 108 

District libraries, furnishes list of books for • 625 18 

Duties generally 634 19 

Election of 622 17 

Endorses diplomas of graduates of university, when . . 889 89 

Expense, traveling 637 20 

Institute conductors, appointment of 756 54 

lecturer, appointment of 756 54 

Institutes and training schools, prescribes rules for. . 628 18 

LibraiT, state, keeps ' 866 82 

Normal schools, member board of trustees 908 92 

president of board of trustees 908 92. 

Office of where held 622 . 17 

Percentage required to issue county certificates, pre- 
scribes 741 49 

Qualifications of '. 622 17 

Questions for teachers' examination, prepared by .... 626 18 

Record, official acts kept by 630 19 

Report, what to contain 635 19 

when made 635 19 

Salary of 637 20 

Schools, supervision of 624 18 

School law, duty to cause printing and distribution of. 631 19 

opinions on, to give 629 18 

Seal of office to be kept 6.33 19 

State high school board .867 83 

Supplies furnished by 625 18 

Teachers, examination by 626 18 

institutes, to attend and assist at •. 634 19 

reading circle, prescribes course of study for 628 18 

Term of office 622 17 

Vacancy in office of, how filled 726 45 

Text books, publishers must file samples and prices. . 863 81 

to furnish certified copy of prices 863 81 

To preserve books, maps, etc 623 17 

Traveling librarj-, to approve bills for 625 18 

to be established by 625 18' 

SUPPLIES— 

Furnished by superintendent of public instruction. . 625 18 

SUPREME COURT REPORTS— 

Secretary of state furnishes for university 894 90 

SUSPENSION— 

Causes for, notice of, and time 697, 752 .34, 53- 

TAXES— 

Board of adjusters levies, when 723 44 

Board of arbitration levies 732, 733 47 

Board of education levy to pay bonds 801, 819 67, 71 

839, 842 75, 76; 



TAXES.— Continued. 



INDEX. 187 

Section Page 
720 43 



52 



Collected, how and when 

Collection of in independent district '^-I'J <"^ 

County auditor to extend levy for judgments on tax _ 

lists Lzi 11 

County tuition fund _• ■ • • i"- ^ 

Delinquent prior to 1899, how apportioned '--■ p 

District school board to levy |^"J 2^ 

Independent district, amount of levy -S'., -o.^ xi jx. 

Judgment, tax to be levied to pay '-^' ioi 4? 

Levied by district board, when !_-i ^^ 

Levy, for all purposes of equalization, maximum . ._. . i6o -ii 

for Sinking fund ^>^ ^' ^g 

to be certified by district clerK <j99 3o 

to pay final judgment j.--^ ., 

Notice of levy, form of i".^ • 

Poll, levy and apportionment of j.-- ^^ 

Rate of levy • • • *- ^.J 

Special districts ^^' 2!,^ 44 

Uniform '""^ 

TEACHERS— 

RrancliGS to tG&cli iov 

Certificates, applicants for, examined by county super- ^^ 

intendents 1.-, , ^g 

examination for ^.;- J^;^.^ ,^ -^ 

fees for examination '-^9' ',f^ *^'' ^^ 

grades < 

certificate must hold, except in cities organized un- . 

der special laws tf' g- 

in special district Iy' .^ 

normal, qualifications requisite ^^ ^^ 

of, revoked for cause ' ^ ., , 

or permit must hold 2;;2 H 

proceedings to revoke i^^ ,^ 

professional, qualifications requisite i^j ^g 

requisites .''.'".' 2.' '' V- <'• ic •» 

revocation for failure to give certain instruction. . . . 04S -- 

revocation of terminates contract ^^j - 

Compensation, not entitled to, when i^j^ ^ 

Contracts, to teach, void if not qualified . ... ... .... •^- ^j 

District school board may dismiss when not ho_lding_. uJo o;t 

Duties of • <-^^'' '-i'' '-^^' t:]l ^^' 5; 

Holiday, entitled to compensation for ^•*-' - 

How grades of, established • • '^'■ 

Institutes and training schools, attendance at, re- _ 

quired -~^ 

penalty for failure to attend i'J j 



OS 

52 
52 



who exempt ''"'■, im 1 9(> 

Meetings of, penalty for failure to attend J^i -^ 

to be held for by county superintendent |^a - ^ 

when excused from attending ...... . . • • • . • • . • • • • • "^^ 

Permits to teach, when may be granted (Note lb, p. _ ^^^ 

l-t(!.) ..••••■ i-,.T o3 

Pupils, suspension for cause _^^ -^y 

Sor^to make in' duplicate to 'county superintendent 748 51 

Register, to keep i^g 5-1 

what to contain 



188 INDEX. 

Section Page 

TEACHERS.— Continued. ' 

Salary ceases on discontinuance of school 704 36 

Salaries, how graded 695 34 

School, not to teach on legal holiday or Saturday .... 749 52 
to give notice of beginning and closing to county 

superintendent 746 51 

Who not eligible in certain cities 859 80 

TEACHER'S READING CIRCLE— 

Fees, collected for professional and normal certificates 739 49 

TERM— 

Office of county superintendent 638 20 

Office of superintendent of public instruction 622 17 

Special district, maximum 797 65 

(See Schools, Officers, Etc.) 

TERRITORY— 

District, extent of, to form ; : . 661 25 

School corporation, that may be organized into (Note 

7, p. 144.) 680 24 

TEXT BOOKS— 

Boards of education may furnish 863 81 

Contracts for 863 81 

District school board may furnish free 863 81 

How paid for 864 82 

May be loaned, or sold at cost 863 81 

Petition to furnish free 864 82 

Publisher must file samples and prices with superin- 
tendent of public instruction 863 81 

TITLE— 

Real property, to, how acquired 702 36 

(See Schools and Public Lands.) 

TOWNSHIP— 

Civil, may be organized into school district (Note 7, 

p. 144.) 660 24 

Congressional to be organized into district, when 667 27 

Consolidation of civil into district, when 664 25 

TRAINING SCHOOLS— 

County superintendent to give notice of 751 52 

(See Teachers, Institutes, Etc.) 

TRAINING SCHOOL FUND— 

(See Fund.) ■ 
TREASURER— 

Agricultural college, bond 93 <, 950 95, 98 

not to be a member of the board 937 95 

Board of education, treasurer of city . 803 67 

Independent districts, funds, how kept and paid out. . 845 77 

reports 852 79 

Reports, made how and when 717 41 

to be published 717 41 ' 

to show what 717 41 



TREASURER.— Continued. 



INDEX. 189- 

Section Page- 



Special districts 798 67 

bond of 805 68 

duties as to interest coupons 821 72 

duties of 804 68 

office vacant, when 805 68 

vacancy in office, how filled 805 68 

To receipt for vouchers 717 41 

TRUSTEES— 

(See Board of Trustees.) 

TUITION— 

District school board, may charge non-resident pupils G96 34 

not to charge when 696 34 

non-resident deaf and dumb children 959 99' 

TUITION FUND— 

Apportionment of 647 22 

County, how and when apportioned 722 44 

tax levy for 722 44 

Districts entitled to 715, 716 41 

How paid to counties 711 39 

Special, transferred to state, when 712 40 

what constitutes 712 40 

State, apportionment by county superintendent, when 715 41 

apportionment of 710, 711 39 

collection of 710 39 

district not entitled to, when 714 40 

purposes to be used 712 40 

state auditor reports amount, when 711 39 

special fund transferred to 712 40 

unused, reverts to state treasury when 711 39 

what constitutes 710, 712 39. 40 

Treasurers to keep separate account of 711 39 

(See also Funds.) 

UNIVERSITY— 

Appropriation for 904b 91 

Board of trustees, compensation of 891 89 

college may make part of 882 87 

faculty, elects 881 86 

salary, fixes 893 89 

finances, control of 882 87 

geological map to be, caused to be made 902 91 

geological survey, extent of 898, 899 90 

how appointed 876, 877 85 

meetings 879, 880 86 

meteorological statistics to tabulate 900 90 

officers 878, 879 86 

powers of 878 86 

quorum 879 86 

reports to make 883 87 

annual, and what to contain 883, 903 87, 91 

rules and bylaws 892 89 

specimens to collect ; 901 90 

Certificates, professional, granted to graduates, when 737 48 

Certificates, normal, granted to graduates, when 738 48 



190 INDEX. 

Section 
UNIVERSITY.— Continued. 

- Departments of 885, 890 

Faculty, powers and duties of 884 

Graduates entitled to endorsement of diploma 889 

Location of 875 

Muskets furnished by adjutant general 896 

to be returned when called for 897 

Normal department, diploma from, equivalent to first 

grade county certificate 7.38 ' 

special agreement to enter 892 

Object of 885 

Scandinavian language to be taught 887 

Secretary of state furnishes laws and supreme court 

reports 894 

Students, who may become 888 

Tuition, free to whom 890 

UNORGANIZED TERRITORY— 

Pupils residing in, when not to be charged tuition . . 696 

UNORGANIZED TOWNSHIP— (Civil.) 695 

VACANCY— 

Appointments to fill for, how long valid ...... 726, 727, 728 

County superintendent, office of, how filled 727 

District treasurer^ office how filled 728 

How caused 730 

(Note 3, p. 143.) 

Office, board of education, how filled 814, 834 

director, how filled 728 

district clerk, how filled 729 

district treasurer, on failure to give additional bond 685 

superintendent of public instruction, how filled.... 726 

VALUATION— 

Assessors to furnish district clerk, when 724 

Amount necessary to form new district 660, 661 

VOTING— 

(See Election.) 

"WAGES— 

(See Salary, Teachers.) 

WARRANTS— 

Certain, legalized 669a 28 

District treasurer when to endorse 687 32 

Endorsed, when to pay 687 32 

Fund on which drawn, designated 688 32 

Interest on endorsed 687 32 

Misdemeanor, endorsement and payment of, when... 771 58 

Received for collection of taxes 719 42 

Specify what 668 27 

When drawn 688 32 

"WOMEN— 

Eligibility to office 672 29 



87, 


89 




87 




89 




85 




90 




90 




48 




89 




87 




88 




90 




88 




89 




34 




24 


45. 


46 




46 




46 




46 


70, 


74 




46 




46 




31 




45 




45 


24, 


25 



